the Lord Commissioners the Right of Sitting there 1. The Prebends Original Right 2. Their Derivative Right and lastly their Possessory Right Upon hearing the proofs on both sides it was ordered by general consent of the Lord Commissioners That the Prebends should be restored to their old Seat and that none should sit there with them but Lords of the Parliament and Earls eldest Sons according to the ancient custom After this there was no Bishop of Lincoln to be seen at any Morning-Prayer and seldom at Evening At this time came out the Doctor 's History of the Sabbath the Argumentative or Scholastick part of which subject was referred to White Bishop of Eli the Historical part to the Doctor And no sooner had the Doctor perfected his Book of the Sabbath but the Dean of Peterborough engages him to answer the Bishop of Lincoln's Letter to the Vicar of Grantham He received it upon good Friday and by the Thursday following discovered the sophistry mistakes and falshoods of it It was approved by the King and by him given to the Bishop of London to be Licens'd and Publish'd under the title of a Coal from the Altar In less than a twelve-month the Bishop of Lincoln writ an Answer to it Entituled The Holy Table Name and Thing but pretended that it was writ long ago by a Minister in Lincolnshire against Dr. Cole a Divine in the days of Queen Mary Dr. Heylyn receiv'd a Message from the King to return a reply to it and not in the least to spare him And he did it in the space of seven weeks presenting it ready Printed to his Majesty and called it Antidotum Lincolniense But before this he answered Mr. Burtons Seditious Sermon being thereunto also appointed by the King In July 1637. the Bishop of Lincoln was censured in the Star-Chamber for tampering with Witnesses in the Kings Cause suspended à Beneficio officio and sent to the Tower where he continued three years and did not in all that space of time hear either Sermon or publick Prayers The College of Westminster about this time presented the Doctor to the Parsonage of Islip now void by the death of Dr. King By reason of its great distance from Alresford the Doctor exchanged it for South-warnborough that was more near and convenient At which time recovering from an ill fit of Sickness he studiously set on writing the History of the Church of England since the Reformation in order to which he obtained the freedom of Sir Robert Cottons Library and by Arch-bishop Laud's commendation had liberty granted him to carry home some of the Books leaving 200 l. as a Pawn behind him The Commotions in Scotland now began and the Arch Bishop of Canterbury intending to set out an Apology for vindicating the Liturgy which he had commended to that Kirk desired the Doctor to translate the Scottish Liturgy into Latin that being Published with the Apology all the World might be satisfied in his Majesties piety as well as the Arch-Bishops care as also that the perverse and rebellious temper of the Scots might be apparent to all who would raise such troubles upon the Recommendation of a book that was so Venerable and Orthodox Dr. Heylyn undertook and went through with it but the distemper and trouble of those times put a period to the undertaking and the Book went no farther than the hands of that Learned Martyr In Feb. 1639. the Doctor was put into Commission of Peace for the County of Hampshire residing then upon this Living into which place he was no sooner admitted but he occasioned the discovery of a horrid Murther that had been committed many years before in that Countrey In the April following he was chosen Clerk of the Convocation for the College of Westminster at which time the Arch-Bishop of Canterbury sending a Canon to them for suppressing the farther growth of Popery and reducing Papists to the Church our Doctor moved his Grace that the Canon might be enlarged for the Peoples farther satisfaction as well as the Churches benefit what was done therein and many other notable things by that Convocation may be seen at large in the History of the Arch-Bishops Life Friday being May the 29th the Canons were formally subscribed unto by the Bishops and Clergy no one dissenting except the Bishop of Glocester who afterward turn'd Papist and died in the Communion of the Romish Church and was all that time of his Life in which he revolted from the Church of England a very great Servant of Oliver Cromwel unto whom he dedicated some of his Books But for his Contumacy in refusing to subscribe the Articles he was voted worthy of Suspension in the Convocation and was actually Suspended by the Arch-Bishop of Canterbury which being done the Convocation was ended In Novemb. 3. A.D. 1640. began the Session of the long Parliament At the opening of which a general Rumor was spread abroad that Dr. Heylyn was run away for fear of an approaching storm that was like to fall upon his head as well as on his Grace the Arch-Bishop of Cauterbury but he who was ever of an undaunted spirit would not pusillanimously desert the Cause of the King and Church then in question but speedily hastned up to London from Alresford to confute the common calumny and false report raised on him by the Puritan faction that he appeared the next day in his Gown and Tippet at Westminster-Hall and in the Church with the accustomed formalities of his Cap Hood and Surplice employed then his Pen boldly in defence of the Bishops Rights when the Lords began to shake the Hierarchy in passing a Vote That no Bishop should be of the Committe for Examination of the Earl of Strafford being Causa sanguinis upon which the Doctor drew up a brief and excellent Discourse entituled De jure paritatis Episcopum wherein he asserted all the Bishops Rights of Peerage and principally of this as well as the rest That they ought to sit in that Committee with other Priviledges and Rights maintained by him which either by Law or ancient custom did belong unto them A rare Commendation at this juncture of time for which the Doctor is to be admired that he could command his Parts and Pen of a sudden to write on this subject or any other if there was need that did conduce to the publick good and above all make a quick dispatch in accomplishing what he had once undertaken and begun But for those quick dispatches the Doctor afterward endured many tedious waitings at the backs of Committe-men in that Parliament especially in the business of Mr. Pryn about his Histriomastix for which he was kept four days under examination because he had furnished the Lords of the Privy Council with matters out of that Book which Mr. Pryn alledged was the cause of all his sufferings Great hopes had the Committee by his often dancing attendance after them to sift the Doctor if they could gather any thing by his speeches
that many an honest and well-meaning man both of the Clergy and the Laity either because of the appearance of the thing it self or out of some opinion of those men who first endeavoured to promote it became exceedingly affected towards the same as taking it to be a Doctrin sent down from Heaven for encrease of Piety So easily did they believe it and grew at last so strongly possessed therewith that in the end they would not willingly be persuaded to conceive otherwise thereof than at first they did or think they swallowed down the hook when they took the bait An hook indeed which had so fastned them to those men who love to fish in troubled waters that by this Artifice there was no small hope conceived amongst them to fortifie their side and make good that cause which till this trim Deceit was thought of was almost grown desperate Once I am sure that by this means the Brethren who before endeavoured to bring all Christian Kings and Princes under the yoke of their Presbyteries made little doubt to bring them under the command of their Sabbath Doctrines And though they failed of that applauded parity which they so much aimed at in the advancing of their Elderships yet hoped they without more ado to bring all higher Powers whatever into an equal rank with the common people in the observance of their Jewish Sabbatarian rigours So Doctor Bound declares himself pag. 171. The Magistrate saith he and Governours in authority how High soever cannot take any priviledg to himself whereby he might be occupied about worldly business when other men should rest from labour It seems they hoped to see the greatest Kings and Princes make suit unto their Consistory for a Dispensation as often as the great Affairs of State or what cause soever induced them otherwise to spend that Day or any part or parcel of it than by the new Sabbath Doctrine had been permitted For the endearing of the which as formerly to endear their Elderships they spared no place or Text of Scripture where the word Elder did occur and without going to the Heralds had framed a Pedigree thereof from Jethro from Noahs Ark and from Adam finally so did these men proceed in their new devices publishing out of holy Writ both the antiquity and authority of their Sabbath day No passage of Gods Book unransacked where there was mention of a Sabbath whether the legal Sabbath charged on the Jews or the spiritual Sabbath of the Soul from sin which was not fitted and applied to the present purpose though if examined as it ought with no better reason than Paveant illi non paveam ego was by an ignorant Priest alledged from Scripture to prove that his Parishioners ought to pave the Chancel Yet upon confidence of these proofs they did already begin to sing Victoria especially by reason of the enterteinment which the said Doctrines found with the common people For thus the Doctor boasts himself in his second Edition Anno 606. as before was said Many godly learned both in their Preachings Writings and Disputations did concur with him in that Argument and that the lives of many Christians in many places of the Kingdom were framed according to his Doctrine p. 61. Particularly in the Epistle to the Reader that within few years three several profitable Treatises successively were written by three godly learned Preachers Greenhams was one whoseever were the other two that in the mouth of two or three witnesses the Doctrine of the Sabbath might be established Egregiam verò laudem spolia ampla But whatsoever cause he had thus to boast himself in the success of his new Doctrines the Church I am sure had little cause to rejoyce thereat For what did follow hereupon but such monstrous Paradoxes and those delivered in the Pulpit as would make every good man tremble at the hearing of them First as my Author tells me it was preached at a Market Town in Oxfordshire that to do any servile work or business on the Lords day was as great a sin as to kill a man or commit adultery Secondly preached in Somersetshire that to throw a Bowl on the Lords day was as great a sin as to kill a man Thirdly in Norfolk that to make a Feast or dress a Wedding Dinner on the Lords day was as great a sin as for a Father to take a knife and cut his childs throat Fourthly in Suffolk that to ring more Bells than one on the Lords day was as great a sin as to commit Murder I add what once I heard my self at Sergeants Inn in Fleetstreet about five years since that temporal death was at this day to be inflicted by the Law of God on the Sabbath-breaker on him that on the Lords day did the works of his daily calling with a grave application unto my Masters of the Law that if they did their ordinary works on the Sabbath day in taking Fees and giving Counsel they should consider what they did deserve by the Law of God And certainly these and the like conclusions cannot but follow most directly on the former Principles For that the fourth Commandment be plainly moral obliging us as straitly as it did the Jews and that the Lords day be to be observed according to the prescript of that Commandment it must needs be that every wilful breach thereof is of no lower nature than Idolatry or blaspheming of the Name of GOD or any other deadly sin against the first Table and therefore questionless as great as Murder or Adultery or any sin against the second But to go forwards where I left my Author whom before I spake of being present when the Suffolk Minister was convented for his so lewd and impious Doctrine was the occasion that those Sabbatarian errours and impieties were first brought to light and to the knowledg of the State On which discovery as he tells us this good ensued that the said books of the Sabbath were called in and forbidden to be printed and made common Archbishop Whitguift by his Letters and Visitations did the one Anno 1599. and Sir John Popham Lord Chief Justice did the other Anno 1600. at Bury in Suffolk Good remedies indeed had they been soon enough applyed yet not so good as those which formerly were applied to Thacker and his fellow in the aforesaid Town of Bury for publishing the books of Brown against the service of the Church Nor was this all the fruit of so bad a Doctrine For by inculcating to the people these new Sabbath speculations teaching that that day only was of Gods appointment and all the rest observed in the Church of England a remnant of the will-worship in the Church of Rome the other holy days in this Church established were so shrewdly shaken that till this day they are not well recovered of the blow then given Nor came this on the by or besides their purpose but as a thing that specially was intended from the first beginning from
consequenty the only cause and worker of all evil yea even with compulsion and force as they shamefully and plainly affirm then will no man deny but that on the other side Gods Predestination worketh as violently in all things that are good so then if Gods Predestination work all without all exception both in evil and good then all other things whatsoever they be although they all appear to work and do some things yet do they indeed utterly nothing So that the Devil doth nothing Man doth nothing Laws do nothing Doctrine doth nothing Prayer doth nothing but Gods Predestination doth all together and is the efficient cause yea and the only cause of all things He further proves that according unto this position August Retrac l. a. c. 9. 11. they hold the Errour both of the Stoicks as also of the Manicheans that is to say Ibid. p. 26. as St. Augustine declareth that evil hath his original of Gods Ordinance and not of mans freewill for if Murtherers Adulterers Thieves Traitors and Rebels be of God predestinated and appointed to be wicked even as they are cannot chuse but of meer necessity by the Ordinance of God commit all such wickedness even as they do then what is our life but a meer destiny All our doing Gods Ordinances and all our imaginations branches of Gods Predestination And then we must have Thieves by Predestination Whoremasters and Adulterers by Predestination Murderers and Traitors by Predestination and indeed what not if all mens actions are necessitated by the Will of God and so necessitated that they can neither do less evil nor more good than they do though they should never so much endeavour it as some of our Calvinians teach us which Opinion as Campneys hath observed Ibid. p. 45. is condemned by Prosper of Aquitane in his defence of St. Augustine in these following words Predestinationem dei sive ad malum sive ad bonum c. Prosp 1. Resp ad Object Gal. 6. That the predestination of God saith he doth work in all men either into good or into evil is most foolishly said As though a certain necessity should drive men unto both seeing in good things the evil is not to be understood wthout grace and in evil things the evil is to be understood without grace And so much touching Campneys and his performance in the points against the Gospellers some passages having before been borrowed from him concerning Lambert Gynnel and his Adherents For which see Chap. 6. Numb 11. No sooner was this book come out but it gave a very strong alarum to those of the Calvinian party within this Realm which had been very much encreased by the retiring of so many of our learned men to the Zuinglian and Genevian Churches in Queen Maries days amongst which none more eager because more concerned than Veron Crowly above mentioned The first of these being reader of the Divinity Lecture in the Church of St. Pauls and one of the Chaplains to the Queen published his Answer shortly after called An Apology or Defence of the Doctrine of predestination and dedicated to the Queen in which Answer he gives his Adversary no better Titles than the blind guide of the free-will men p. 37. A very Pelagian and consequently a Rank Papist p. 40. Suffering the Devil by such sectaries as Campneys to sow his lyes abroad c. and 41. The Standard-bearer of the free-will men His book he calls a venomous and Railing book upbraids him with his bearing of a faggot in King Edwards days and challenging him that if he be able to maintain his own Doctrine and oppose that in the answer to it let him come forth and play the man Nor was it long before another Answer came out by the name of Crowly called an Apology or defence of the English Writers and Preachers with Cerberus the three headed dog of Hell Chargeth with false Doctrine under the name of Predestination printed at London in the year 1566. And by the Title of this Book as we may see with what a strange Genius the Gospellers or Calvinians were possessed from the first beginning we may well conjecture at the Gentle usage which the poor man was like to find in the whole Discourse But if it be objected in favour of these two books that they were published by Authority and according to Order when that of Campneys seems to have been published by stealth without the Name of Author or of Printer as is affirmed in Verons book before remembred It may be since answered that the Doctrine of the Church was then unsetled the Articles of King Edwards time being generally conceived to be out of force and no new established in their place when Veron first entred on the cause And secondly it may be answered that though Crowlyes Apology came not out till the year 1566 when the new Articles were agreed upon yet his Treatice called a Confutation of thirteen Articles which gave occasion to the Quarrel had been written many years before And he conceived himself obliged to defend his Doctrine and get as good countenance to it as he could within a time especially intent on suppressing Popery might be no hard matter for him to do And as to that part of the Objections which relate to Campneys and his suppessing of his Name I look upon it as a high part of wisdom in him in regard of the great sway which the Calvinians had at their first coming over the prejudice conceived against him for his slips and sufferings in the Reign of K. Edward and the Authority of the men against whom he writ Veron a Chaplain to the Queen Crowly of great esteem in London for his diligent preaching and Knox the great Directer of the Kirk of Scotland CHAP. XVII Of the Disputes among the Confessors in Prison in Queen Maries days and the Resetling of the Church on her former Principles under Queen Elizabeth 1. The Doctrine of Predestination disputed amongst the Confessors in Prison in Queen Maries days 2. The Examination of John Carelese before Dr. Martin in reference to the said Disputes 3. Considerations on some passages in the Conference betwixt Dr. Martin and the said John Carelese 4. Review made of the publick Liturgy by the command of Queen Elizabeth and the Paraphrases of Erasmus commended to the reading both of Priest and People 5. The second book of Homilies how provided for and of the liberty taken by the Gospellers and Zuinglian Sectaries before the reviewing and confirming of the Book of Articles by the Queens Authority 6. Of the reviewing and authority of the Book of Articles Anno 1562. and what may be from thence inferred 7. An answer from the Agreement drawn from the omitting the ninth Article of King Edwards Book the necessity of giving some content to the Zuinglian Gospellers and difficulty wherewith they were induced to subscribe the Book at the first passing of the same 8. The Argument taken from some passages in
touching the divine Decrees upon occasion of Gods denounced Judgment against the Ninevites 5. His constant opposition to the Predestinarians and the great increase of his Adherents 6. The Articles collected out of Barrets Sermon derogatory to the Doctrine and persons of the chief Calvinians 7. Barret convented for the same and the proceedings had against him at his first conventing 8. A form of Recantation delivered to him but not the same which doth occur in the Anti-Arminianism to be found in the Records of the Vniversity 9. Several Arguments to prove that Barret never published the Recantation imposed upon him 10. The rest of Barrets story related in his own Letter to Dr. Goad being then Vice-Chancellor 11. The sentencing of Barret to a Recantatation no argument that his Doctrine was repugnant to the Church of England and that the body of the same Vniversity differed from the heads in that particular THIS great breach being thus made by Fox in his Acts and Monuments was afterwards open'd wider by William Perkins an eminent Divine of Cambridge of great esteem amongst the Puritans for his zeal and piety but more for his dislike of the Rites and Ceremonies here by Law established of no less fame among those of the Calvinian party both at home and abroad for a Treatise of Predestination published in the year 1592. entituled Armilla Aurea or the Golden Chain containing the order of the causes of salvation and damnation according to Gods Word First written by the Author in Larin for the use of Students and in the same year translated into English at his Request by one Robert Hill who afterwards was Dr. of Divinity and Rector of St. Bartholomews Church near the Royal Exchange In the Preface unto which discourse the Author telleth us that there was at that day four several Opinions of the order of Gods Predestination The first was of the old and new Pelagians who placed the cause of Gods Predestination in than in that they hold that God did ordain men to life or death according as he did foresee that they would by their natural free-will either reject or receive Grace offered The second of them who of some are termed Lutherans which taught that God foreseeing that all man-kind being shut under unbelief would therefore reject Grace offered did hereupon purpose to choose some to salvation of his meer mercy without any respect of their faith or good works and the rest to reject being moved to do this because he did eternally fore-see that they would reject his Grace offered them in the Gospel The third of Semi-palagian Papists which ascribe Gods Predestination partly to mercy and partly to mens foreseen Preparations and meritorious works The fourth of such as teach that the cause of the execution of Gods Predestination is his mercy in Christ in them which are saved and in them which perish the fall and corruption of man yet so as that the Decree and Eternal Counsel of God concerning them both hath not any cause besides his will and pleasure In which Preface whether he hath stated the opinions of the parties right may be discerned by that which hath been said in the former Chapters and whether the last of these opinions ascribe so much to Gods mercy in Christ in them that are saved and to mans natural Corruption in them that perish will best be seen by taking a brief view of the opinion it self The Author taking on him to oppugn the three first as erroneous and only to maintain the last as being a truth which will bear weight in the ballance of the Sanctuary as in his Preface he assures us Now in this book Predestination is defined to be the Decree of God by the which he hath ordained all men to a certain and everlasting Estate that is Golden chain either to salvation or condemnation to his own Glory He tells us secondly that the means for putting this decree in execution were the creation and the fall 3. Ibid. p. 52. That mans fall was neither by chance or by Gods not knowing it or by his bare permission or against his will but rather miraculously not without the Will of God but yet without all approbation of it Which passage being somewhat obscure may be explained by another some leases before In which the Question being asked Whether all things and actions were subject unto Gods Decree He answereth Yes surely and therefore the Lord according to his good pleasure hath most certainly decreed every both thing and action whether past present or to come together with their circumstances of place time means and end And then the Question being prest to this particular what even the wickedness of the wicked The answer is affirmative Yes he hath most justly decreed the wicked works of the wicked Ibid. 29. For if it had not pleased him they had never been at all And albeit they of their own natures are and remain wicked yet in respect of Gods decree they are to be accounted good Which Doctrine though it be no other than that which had before been taught by Beza yet being published more copiously insisted on and put into a more methodical way it became wondrous acceptable amongst those of the Calvinian party both at home and abroad as before was said Insomuch that it was Printed several times after the Latin edition with the general approbation of the French and Belgick Churches and no less than 15. times within the space of twenty years in the English tongue At the end of which term in the year 1612. the English book was turned by the Translator into Questions and Answers but without any alteration of the words of the Author as he informs us in the last page of his Preface after which it might have sundry other impressions that which I follow being of the year 1621. And though the Supra-lapsarians or rigid Calvinists or Supra-creatarians rather as a late judicious Writer calls them differ exceedingly in these points from many of their more moderate Brethren distiguished from them by the name of Sub-lapsarians yet in all points touching the specifying of their several supposed Degrees they agree well enough together and therefore wink at one another as before was noted Notwithstanding the esteem wherewith both sorts of Calvinists entertained the book it found not the like welcome in all places 〈◊〉 Dedi nor from all mens hands Amongst other Parsons the Jesuite gives this censure of him viz. That by the deep humour of fancy he hath published and written many books with strange Titles which neither he nor his Reader do understand as namely about the Concatenation or laying together of the causes of mans Predestination and Reprobation c. Jacob van Harmine afterwards better known by the name of Arminius being then Preacher of the Church of Amsterdam not only censured in brief as Parsons did but wrote a full discourse against it entituled Examen Predestinationis Perkinsanae which gave the first
Rituals The Papists of the two the more moderate Adversary and such whose edg was sooner taken off from the prosecution of the Quarrel than the others were For though the first Liturgy of King Edward the sixth compiled by many Learned and Religious persons was cryed up both by Act of Parliament 2.3 â—d 6. cap. 1. and by Fox himself as done by the especial aid of the holy Ghost yet it gave no small offence to some scrupulous Men who relished nothing that related to the Antient Forms And when by the Authority of Calvin the opposition in conformity of Bishop Hooper and the great power and policy of John Earl of Warwick after Duke of Northumberland it was brought under a Review and altered in such things as were thought offensive yet then it would not down neither with those tender stomachs Witness the troubles raised to the English Church at Francford in Queen Maries days by Knox Whittingham and their Associates at their returning from Geneva and the definitive sentence of Calvin in it to whom it was thought good to refer the Difference And he accordingly declares to content his followers In Liturgia Anglicana multas esse tolerabiles ineptias that he found in it very many tolerable follies Calv. Epist Anno 15 55. Reliquias Papisticae faecis the very dregs of Popery as he afterwards calls it Brought to a Review in Queen Elizabeths time and purged of a passage in the Letany which gave distast unto the Papists it grew into such general esteem and reputation as being fitted to the common Principles of Christianity in which all parties did agree that Pius the fourth Anno 1560. made offer by Parpatio Abbot of St. Saviours whom he sent with Letters to the Queen Liturgiam Anglicam Authoritate sua confirmaturum Cambd. in Annal Eliz. to ratifie and confirm the same by his Authority The Scots obliged themselves by a publick Subscription to observe the same Religionis cultui Ritibus cum Anglis communibus subscripserant as we read in Buchannan the fancy of Extemporary Prayer not being then taken up Histor Scot. lib. 19. as is affirmed by Knox himself in his Scottish History So grateful was it for a time to all sorts of people that the Papists for the first ten years of Queen Elizabeths Reign did diligently frequent the Church and attend the publick Services and performance of it as is affirmed by Sir Edward Coke in his charge given at the Assizes held at Norwich and in his Speech against Garnet and the other Traytors Anno 1605. And this not spoken on vulgar hear-say but on his own certain knowledg and observation he having noted Bedding field Cornwallis and divers others of that party to repair frequently to the Church without any scruple And though we may take this well enough on so good Authority yet may it possibly find more credit because averr'd by Queen Elizabeth herself in her Instructions to Sir Francis Walsingham bearing date August 11. Anno 1570. In which it is affirmed expresly of the Heads of that party and therefore we may judge the like of the Members also that they did ordinarily resort from the beginning of her Reign in all open places to the Churches and to divine services in the Church without contradiction or shew of misliking But in the year 1568. Sanders and others of the Popish Emissaries began to practise on that party under pretence of doing service to the Catholick Cause as Button Bellingham Compl. Embassad l. 4. and Benson sticklers for the Genevian Interesse did upon those who were inclinable to their Opinions And they so far prevailed on their several Partisans Cambd. Annal 1568. that about two years after upon the coming out of the Bull of Pope Pius Quintus against the Queen the Papists generally withdrew themselves from that conformity and came no longer to our Churches as before they had done And on the other side the Puritans as they then began to call them animated by Cartwright and the rest of their Leaders did separate themselves also from the Congregation declaming in their frequent Pamphlets against the Liturgy as superstitious and impure and altogether savouring of the Romish Missals Favoured underhand by Arch-bishop Grindal and openly countenanced by the Earl of Leicester they became so confident at the last that some of their Leaders being demanded by an Honourable Counsellor if the abolition of some Ceremonies would not serve their turn they answered with arrogancy enough Ne ungulam esse relinquendam that they would not leave so much as a Hoof behind But notwithstanding this strong vapour partly by the constancy and courage of Arch-bishop Whitgift who succeeded Grindal Anno 1583. the opportune death of the Earl their Patron Anno 1588. and the incomparable pains of judicious Hooker Anno 1595. but principally by the seasonable Execution of Copping and Hacker hanged at St. Edmondsbury in Suffolk for publishing the Pamphlets of Rob. Brown against the Book of Common Prayer pouer publier le liveres de Rob. Brown en countre le Livre de Commune Prayer as Compton doth report the Case in his Lawyers French they become so quiet Compton in his Office of Justices that the Church seemed to be restor'd to some hopes of peace No Libelling or Seditious preachings no great disturbance after this for some years together the Brethren turning their assaults into underminings and enterprising that by practice which they had found impossible to be gained by violence By which means having formed their party prepared their way by some new Libels back'd by the Scots and countenanced by some leading members in both Houses of Parliament Anno 1640. they brake out again the Smectymnuans openly appearing in the way of Argument while others of more Brains and Power managed the business for them in their several Houses The Liturgy by the one affirmed to have been intended by the first Reformers to be an help only to the want or weakness of a Minister and not to be imposed on any but such as would confess themselves unable to pray without it by some resembled unto Crutches and such like helps to insufficiency not to be made use of but by those only who otherwise could make no use of their legs reproached by their vulgar followers with the name of Pottage a dish to stay their stomachs till the meat came in all Offices of Piety reduced to Preaching and all Devotion to the Prayer of the Preachers making To this extremity were things brought when for the reasons elsewhere specified I took in hand the Answer to the Humble-Remonstrance Pref. to the Tract of Liturgies in which I found the whole building as to this particular to be laid on this foundation viz. that if by Liturgy we understand prescribed and stinted Forms of Administration composed by some and imposed upon all the rest Smectym Answ pag. 6. then they are sure that no such Liturgy had been used anciently by
their Authority and power in Spiritual matters from no other hands than those of Christ and his Apostles their Temporal honours and possessions from the bounty and affection only of our Kings and Princes their Ecclesiastical jurisdiction in causes Matrimonial Testamentary and the like for which no action lieth at the common Law from continual usage and prescription and ratified and continued unto them in the Magna Charta of this Realm and owe no more unto the Parliament than all sort of Subjects do besides whose Fortunes and Estates have been occasionally and collaterally confirmed in Parliament And as for the particular Statutes which are touched upon that of the 24 H. 8. doth only constitute and ordain a way by which they might be chose and consecrated without recourse to Tome for a confirmation which formerly had put the Prelates to great charge and trouble but for the form and manner of their Consecration the Statute leaves it to those Rites and Ceremonies wherewith before it was performed and therefore Sanders doth not stick to affirm that all the Bishops which were made in King Henries days were Lawfully and Canonically ordained and consecrated the Bishops of that time not only being acknowledged in Queen Maries days for lawful and Canonical Bishops but called on to assist at the Consecration of such other Bishops Cardinal Pool himself for one as were promoted in her Reign whereof see Masons Book de Minist Ang. l. c. Next for the Statute 1 E. 6. cap. 2. besides that it is satisfied in part by the former Answer as it relates to their Canonical Consecrations it was repealed in Terminis in the first of Queen Maries Reign and never stood in force nor practice to this day That of the Authorizing of the Book of Ordination in two several Parliaments of that King the one à parte ante and the other à parte post as before I told you might indeed seem somewhat to the purpose if any thing were wanting in it which had been used in the formula's of the Primitive times or if the Book had been composed in Parliament or by Parliament-men or otherwise received more Authority from them then that it might be lawfully used and exercised throughout the Kingdom But it is plain that none of these things were objected in Queen Maries days when the Papists stood most upon their points the Ordinal being not called in because it had too much of the Parliament but because it had too little of the Pope and relished too strongly of the Primitive piety And for the Statute of 8 of Q. Elizabeth which is chiefly stood on all that was done therein was no more than this and on this occasion A question had been made by captious and unquiet men and amongst the rest by Dr. Bonner sometimes Bishop of London whether the Bishops of those times were lawfully ordained or not the reason of the doubt being this which I marvel Mason did not see because the book of Ordination which was annulled and abrogated in the first of Queen Mary had not been yet restored and revived by any legal Act of Queen Elizabeths time which Cause being brought before the Parliament in the 8th year of her Reign the Parliament took notice first that their not restoring of that Book to the former power in terms significant and express was but Casus omissus and then declare that by the Statute 5 and 6 E. 6. it had been added to the Book of Common-prayer and Administration of the Sacraments as a member of it at least as an Appendant to it and therefore by the Statute 1 Eliz. c. 2. was restored again together with the said Book of Common-prayer intentionally at the least if not in Terminis But being the words in the said Statute were not clear enough to remove all doubts they therefore did revive now and did accordingly Enact That whatsoever had been done by virtue of that Ordination should be good in Law This is the total of the Statute and this shews rather in my judgment that the Bishops of the Queens first times had too little of the Parliament in them than that they were conceived to have had too much And so I come to your last Objection which concerns the Parliament whose entertaining all occasions to manisest their power in Ecclesiastical matters doth seem to you to make that groundless slander of the Papists the more fair and plausible 'T is true indeed that many Members of both Houses in these latter Times have been very ready to embrace all businesses which are offered to them out of a probable hope of drawing the managery of all Affairs as well Ecclesiastical as Civil into their own hands And some there are who being they cannot hope to have their sancies Authorized in a regular way do put them upon such designs as neither can consist with the nature of Parliaments nor the Authority of the King nor with the privileges of the Clergy nor to say truth with the esteem and reputation of the Church of Christ And this hath been a practice even as old as Wickliffe who in the time of K. R. 2. addressed his Petition to the Parliament as we read in Walsingham for the Reformation of the Clergy the rooting out of many false and erroneous Tenets and for establishing of his own Doctrines who though he had some Wheat had more Tears by odds in the Church of England And lest he might be thought to have gone a way as dangerous and unjustifiable as it was strange and new he laid it down for a position That the Parliament or Temporal Lords where by the way this ascribes no Authority or power at all to the House of Commons might lawfully examine and reform the Disorders and Corruptions of the Church and a discovery of the errors and corruptions of it devest her of all Tithes and Temporal endowments till she were reformed But for all this and more than this for all he was so strongly backed by the Duke of Lancaster neither his Petition nor his Position found any welcome in the Parliament further than that it made them cast many a longing eye on the Churches patrimony or produced any other effect towards the work of Reformation which he chiefly aimed at than that it hath since served for a precedent to Penry Pryn and such like troublesome and unquiet spirits to disturb the Church and set on foot those dreams and dotages which otherwise they durst not publish And to say truth as long as the Clergy were in power and had Authority in Convocation to do what they would in matters which concerned Religion those of the Parliament conceived it neither safe nor fitting to intermeddle in such business as concerned the Clergy for fear of being questioned for it at the Churches Bar. But when that Power was lessened though it were not lost by the submission of the Clergy to K. H. 8. and by the Act of the Supremacy which ensued upon it then did the Parliaments
but also after they were setled in the Land of Canaan though many times it changed its seat there as occasion was even till the building of the Temple by the hand of Salomon And for the Priests who were to minister unto the Lord in his Congregation no sooner were the times determined and the place designed but the Lord gave command to Moses saying Take thou unto thee Aaron thy Brother and his Sons with him from amongst the Children of Israel Exod. 28.1 that he may minister unto me in the Priests office Unto which office as they were designed by these words of God so were they after consecrated thereunto in a solemn form by the hand of Moses the state and manner of the which is upon record in the viii Chapter of Leviticus And now and not till now were the Tribes of Israel established in a Constituted Church by the Lord their God But as once Isaac said to Abraham Behold the fire and the wood but where is the Lamb for a Burnt-offering Gen. 22.7 So here we have the Sabbath and the solemn Festivals the Tabernacle and the Priests but where are the Sacrifices all this while where the forms of worship That now comes after in its course and that we will consider in its full extent either as legal or as moral First for the legal part thereof it was all prescribed nothing left arbitrary to the people either for the matter or the manner God knew full well that as they had been much infected with the Idolatries of Egypt where they lived before witness the Golden Calf which they made in Horeb so they were apt to be intangled in the Idolatries of those Nations which they were to neighbour and therefore thought it fittest for them to be tyed up and limited in all acts of worship by his prescriptions Which that we may the better see I shall present a brief Synopsis of those rites and ceremonies which were to be observed in these legal Sacrifices together with the Creatures to be Sacrificed according as I find them in Josephus who hath reduced into a lesser compass that which is laid down more at large in the holy Scriptures 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Joseph Antiq. Judaic l. 3. c. 10. c. The Sacrifices are of two sorts the one of them is made for a private person the other for the people in general and these are made in two manners for in the one all is consumed which is upon the Altar which for that cause is called an Holocaust or an whole Burnt-offering the other is Eucharistical or of thanksgiving and they are made with Feasts by those that Sacrifice The particular person that offered a Burnt-offering killed an Oxe a Lamb or a Goat of an year old yet it was lawful to kill an Oxe of greater age being all Males And after their Throats are cut the Priests besprinkle the Altar round about with the blood then they dress the Beast and cut it in pieces and season it with salt and lay it on the Altar ready prepared with wood and fire and having well cleansed the feet and entrails they lay them with the rest and the Priest taketh the skins They that offer the Sacrifice of Thanksgiving kill likewise such sorts of Beasts without spot and more than a year old both Male and Female and after they have cut the throats they sprinkle the blood on the Altar then they take the reins the caul and the fat with the caul about the liver and the rump and lay it on the Altar but the breast and the left leg is left unto the Priests and as touching the rest of the flesh the Priests feast therewith for the space of two days and if then there remain any thing thereof it is burned The same is also observed in the Sin-offering but those that are not of ability to make these greater offerings do bring unto the Offerings a pair of Pigeons or two young Turtles the one of which the Priests have to feast withal the other is consumed with sire He that hath sinned upon Ignorance offereth a Lamb and a she Goat at the same time and the Priest besprinkleth the Altar with the blood thereof not in the same manner as before but the horns only of the Altar and on the Altar they offer the kidneys with the rest of the fat and the caul of the liver the Priests carrying away the skins and eating the flesh within the Tabernacle the very same day because the Law permitteth not to reserve any thing until the next He that hath sinned none but himself being privie to it offereth a Lamb according as the Law commandeth the flesh whereof is eaten in like sort by the Priests the same very day But if the Princes of the People offer for their sins they do in like sort as others do save that they bring a Bull or a Male-kid The Law also ordaineth that in all Sacrifices both private and common there should be a certain quantity of fine flower brought viz. for a Lamb one Assar An Assar as I take it is the tenth part of an Ephah or three pints and an half of Ale-measure An Hin contained three quarts of our measure for a Ram two for a Bull three which is first of all mingled and wrought with oyle and then set upon the Altar to be sanctified They that Sacrifice do likewise bring oyle the balf part of an Hin for a Bull for a Ram the third part for a Lamb the fourth They brought also the like measure of wine as of oyle and poured the wine near to the Altar And if any without Sacrificing offer up fine flower he putteth the first fruits upon the Altar that is to say one handful of it and the rest is taken by the Priests either fryed for it is kneaded with oyl or in loaves made thereof But whatsoever the Priest offereth that must all be hurnt The Law likewise forbiddeth to offer any Beast whatever the same day it is born or to kill it with its Dam or in any other sort before it hath fed twelve days There are also other Sacrifices made for deliverance from sickness or for other causes in which Sacrifices they imploy wine or liquor with that which is offered of which liquors it is not lawful to reserve any thing till the next day when the Priests have taken that portion which belongeth to them So far Josephus The rest that followeth of this Argument is a recital of those Sacrifices which were appointed for the Sabbath and the other Festivals in all which every thing was prescribed and limited by the Law of God And if such care was taken by the Lord our God in the prescribing of these Sacrifices and all the Rites and Ceremonies which belonged to them being the legal part only of this publick worship there is no question to be made but that the Church took care to prescribe forms of Prayers and Praises to be used in
Bishops there Assembled being sixteen in all Ib. ibid. as by S. Cyprian is recorded Which as it was the manner of Electing not only of the Bishops of Rome but of most Bishops else Leo. Epist 89. in the times we speak of so it continued long in use the voices of the Clergy in the point and substance the presence and approbation of the people for the form and ceremony electio Clericorum and testimonia populorum being joyned together by Pope Leo. Now the condition of the Church of Rome under this Cornelius besides the Schism raised in it by Novatianus of which more anon is to be seen most fully in a Letter of his to Fabius Patriarch of Antiochia Extat ap Ruseb hist l. 6. c. 35. p. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in which he certifieth him that besides the Bishop 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 who was but one in every Church and could not be more there were forty-six Presbyters seven Deacons and Sub-Deacons seven forty-two Acolythites Exorcists Readers Sextons Ostiarij fifty-two in all Widows and other poor People pressed with want and sickness fifteen hundred 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 All which saith he are maintained at the publick charge by the grace and bounty of the Lord. Out of which place and passage of my Author there are these several points to be considered in reference to our present business First the exceeding large revenue of the Church of Rome in these early days so great as to maintain the numbers before specified according to the rank and quality of each particular the distribution of the which did ordinarily and of common course belong unto the Bishop only or such to whom he pleased to entrust the same And secondly we may observe the singularity of succession wherein the Bishop differed from the other Clergy he being but one they many in their ranks and stations sometimes more sometimes fewer according to the greatness of the Church in which they served and the emergent necessities and occasions of it Here in the Church of Rome to one only Bishop we find a Clergy of inferior Ministers consisting of 154 persons which doubtless was exceedingly increased in the following times Hierom. in epist ad Evagr. Hierom complaining in his time Presbyteros turbam contemptibiles facere that the great number of them made them be the less regarded And last of all we may observe that though Cornelius mentioneth Acolythites Readers Sub-Deacons Exorcists and Sextons these are not to be reckoned as distinct Orders in the Church although now so accounted in the Church of Rome but only several services and imployments which were required in the same Concerning which take here the learned resolution of judicious Hooker Hooker Eccl. Polit. l. 5. n. 78. There is an error saith he which beguileth many who much intangle both themselves and others by not distinguishing Services Offices and Orders Ecclesiastical the first of which three and in part the second may be executed by the Laity whereas none have or can have the third but the Clergy Catechists Exorcists Readers Singers and the rest of like sort if the nature only of their labour and pains be considered may in that respect seem Clergy-men even as the Fathers for that cause term them usually Clerks as also in regard of the end whereunto they were trained up which was to be ordered or ordained when years and experience should make them able Notwithstanding in as much as they no way differed from others of the Laity longer than during that work of Service which at any time they might give over being thereunto but admitted not tied by irrevocable Ordination we find them always exactly severed from that body whereof those three before rehearsed Orders of Bishops Presbyters and Deacons only are the natural parts So the judicious Divine indeed as one truly calls him I add this further of Cornelius Holy Table having thus fallen upon the Orders in the state Ecclesiastick that he had passed through all inferior Offices per omnia Ecclesiastica officia promotus as Saint Cyprian hath it Cypr. Ep. 52. and exercised each several Ministery in the Church of God before he mounted to this height ad Sacerdotij sublime fastigium are the Fathers words which shewed that the estate of Bishops was as a different office so an higher dignity than any other in the Church Now as the speech of Heaven doth many times put us in mind of Hell so this relation of Cornelius an holy Bishop and a Martyr occasioneth me to speak of Novatianus in whom it is not easie to determine whether the Heretick or the Schismatick had the most predominancy Certain it is he proved in both respects one of the cunningest instruments of Satan for the disturbance of the Church who suffered most extreamly by him both in peace and truth the Schism or Heresie by him raised at this very time being both more suddain in the growth and permanent in the duration of it than ever had been set on foot before in the Church of Christ Now this Novatianus was a Presbyter of the Church of Rome and being much offended as well at the Election of Cornelius as that himself was pretermitted in the choice associates himself with one Novatus an African Bishop as near unto him in conditions as he was in name whom Cyprian omnium sacerdotum voce Cypr. Epist 49. by the consent and suffrages of all his Comprovincial Bishops had before condemned By them it was agreed that Novatianus should take upon himself the name and title of the Bishop of Rome And being there could be no shew nor colour for it did he not first receive Episcopal Consecration from some hands or other they sent unto the obscurest parts of Italy Euseb hist Eccl. lib. 6. c. 35. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as my Author hath it to find out three poor Countrey Bishops that had not been acquainted with the like affairs Who being come to Rome and circumvented by the Arts of these wicked men and partly also forced by their threats and menaces 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they Ordained him Bishop if at the least an Act so void and null from the beginning may be called an Ordination And this being done because they found that people naturally are inclined to imbrace new fancies especially where pretence of piety seems to bear a stroke they took upon them to be very strict in their conversation precise in their opinions and wonderfully devout in all their carriage raising withal this doctrine suitable thereto That such as fell in time of Persecution though they repented never so truly and did what ever was thought necessary to testifie their grief and sorrow for their great offence yet 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 there was no hope of their salvation Id. ibid. no mercy to be looked for at the hands of God By means whereof they drew unto their side some Confessors as they called
now resolved on in the present too Accordingly the Bishops of those Churches and as many other as could be drawn together in that dangerous time Platina in vita Marcel Assembled at Sinuessa now called Suessa a City of Campania 180. in the total as it is in Platina Where though they had sufficient proof of that foul offence yet because Marcellinus stood upon the Negative negabat se thurifieâsse as the Acts declare Acta Conc. Sinuessani ap Bin. To. 1. they thought it fit not to proceed unto the sentence till they had brought him to confession Ex ore tuo justificaberis ex ore tuo condemnaberis as Petrus one of the Bishops then assembled did press it on him Not that being met Synodically they did want Authority to proceed against him as the Pontifician Doctors vainly say Bellarm. de Pont. Rom. l. 2. c. 26. Act. Concil Sinuessani but that it was more consonant to the Roman Laws that to the testimony of the Witnesses the confession of the party should be added also Which when they had procured from him Subscripserunt in ejus damnationem damnaverunt eum extra Civitatem they all condemned him say the Acts and all subscribed unto the Condemnation Helchiades one of the Bishops there Assembled being the first that led the way And therefore that which followeth after Prima sedes non judicabitur à quoquam that the Bishop of the first See shall be judged of none which Bellarmin so much insists on was either foisted in by some later hand Bellar. ut supra the better to advance the Popes Supremacy or else must be interpreted as it fairly may non judicabitur à quoquam that no particular person of what rank soever had any power to judge his Primate So great a person as Marcellinus being fallen so foully though after he recovered footing and died a Martyr for the Gospel It is the less to be admired Damas Platina Alij if many of inferiour quality did betray the cause and fell into the like Idolatries The persecution was both fierce and long though never at the height till the last years of Dioclesian and more than ever were the Lapsi who had for saving of their lives denied their Saviour Who when they came unto themselves and having made their way unto it by some appearance of contrition desired to be admitted to the blessed Sacrament the Bishops were much troubled with their importunity those godly Prelates being as well careful of the Churches Discipline as the unfortunate estate of those wretched men Besides the quality of their offence appearing in some greater in some less than others it put them unto no small trouble how to proportion the intended penance unto the nature of the crime For remedy whereof Petrus the godly Patriarch of Alexandris diversa adhibens pro conditione cujusque medicamenta vulneribus Id. ibid. n. 20. fitting each several wound with a proper plaister as Baronius hath it published certain Canons and instructions for their direction in the same A copy of the which we have both in Baronius and the Bibliotheca This as it gave great ease unto the Prelates in the Eastern parts where the authority of the man was great and prevalent So in the West the Bishops of particular Churches spared no pains nor labour for the upholding of that Discipline which they received from the hands of their Predecessors In Spain particularly where both the number and condition of these Lapsi seemed more considerable Id. ibid. n. 39. the Bishops of the Province of Betica called a Council at Eliberis then a prime City of those parts near to the ruines of the which the City of Granada standeth Osius that famous Confessor being there amongst them where they established divers Canons 81. in all for confirmation of the publick Discipline and holding up of that severity by which the same had been maintained Of all which number those which concern our business are these five especially Conc. Eliberit Can. 19. First it is ordered that neither Bishops Presbyters nor Deacons should leave the place in which they served to follow Merchandise de locis suis negociandi causa non discedant nor wander up and down the Countrey after gainful Markets In which it was provided notwithstanding that ad victum sibi conquirendum that for their necessary maintenance they might send abroad on those employments their Sons or Freed-men or Servants or any other and for their own parts if they would needs take that course intra Provinciam negotientur they were required to contain themselves within the compass of the Province in the which they ministred It seems the Fathers of the Council were not so severe though otherwise tenacious enough of the Ancient Canons as to conceive that Merchandizing a secular imployment doubtless was utterly inconsistent with holy Orders especially if either it conduced unto the maintenance of their selves and Families or that it did not take them off from the attendance on those places in which their Ministery was required This for the maintenance the next was for the honour of Episcopacy For in the 32. it is ordained Ibid. can 32. that those who in some grievous Lapse be in danger of eternal death apud Presbyterum poenitentiam agere non debere sed potius apud Episcopum ought not to make confession to or be enjoyned penance by a Presbyter but to or by the Bishop only unless it be in urgent and extream necessity in the which case a Presbyter might admit him unto the Communion as might a Deacon also by the appointment of the Presbyter Of this sort also this that followeth Ibid. can 53. by which it is decreed ut ab eo Episcopo quis accipiat Communionem that Sinners be admitted to the Sacrament by that Bishop only by whom for their offences they had been formerly Excommunicated and that if any other Bishop presumed to admit him thereto the Bishop who had Excommunicated him neither being made acquainted with it nor consenting to it he was to render an account of it unto his Colleagues Cum status sui periculo even with the danger of his place Ibid. can 77. Of the same temper is a fourth wherein it is enacted That if any Deacon having a cure or charge committed to him shall Baptize any of that cure without a Presbyter or Bishop Episcopus eos per benedictionem perficere debebit the Bishop is required to confirm the party by his Episcopal benediction With this Proviso notwithstanding that if the party do decease before confirmation Sub fide qua quis credidit poterit esse justus it is to be conceived that by the Sacrament of Baptism he had received all things necessary to salvation Nor did the Fathers in this Council take order only for the Bishops in point of honour but they provided also for the whole Clergy in point of safety Ibid. 75. decreeing by a full consent
sake of Jesus Christ to lay aside all prejudice which possibly you may be possessed withal either in reference to the Argument or unto the Author and to peruse this following Story with as much singleness of heart and desire of truth and invocation of Gods Spirit to find out the same as was by me used in the writing of it It is your welfare which I aim at as before was said your restitution to your functions and reconciliation to the Church from which you are at point of falling that we with you and you with us laying aside those jealousies and distrusts which commonly attend on divided minds may joyn our hearts and hands together for the advancement of Gods honour and the Churches peace And God even our own God shall give us his blessing For others which shall read this Story whether by you misguided or yet left emire I do desire them to take notice that there is none so much a stranger to good Arts and Learning whom in this case and kind of writing I dare not trust with the full cognizance of the cause herein related In points of Law when as the matter seems to be above the wit of common persons or otherwise is so involved and intricate that there hath been no Precedent thereof in former times it is put off to a demurrer and argued by my Lords the Judges with their best maturity of deliberation But in a matter of fact we put our selves upon an ordinary Jury not doubting if the evidence prove fair the Witnesses of faith unquestioned and the Records without suspition of imposture but they will do their Conscience and find for Plaintiff or Defendant as the cause appears So in the business now in hand that part thereof which consists most of Argument and strength of Disputation in the examining of those reasons which Pro or Con have been alledged are by me left to be discussed and weighed by them who either by their place are called or by their Learning are inabled to so great a business But for the point of practice which is matter of fact how long it was before the Sabbath was commanded and how it was observed being once commanded how the Lords day hath stood in the Christian Church by what Authority first instituted in what kind regarded these things are offered to the judgment and consideration of the meanest Reader No man that is to be returned on the present Jury but may be able to give up his Verdict touching the title now in question unless he come with passion and so will not hear or else with prejudice and so will not value the evidence which is produced for his information For my part I shall deal ingenuously as the cause requires as of sworn counsel to the truth not using any of the mysteries or arts of pleading but as the holy Fathers of the Church the learned Writers of all Ages the most renowned Divines of these latter times and finally as the publick Monuments and Records of most Nations christned have furnished me in this enquiry What these or any of them have herein either said or done or otherwise left upon the Register for our direction I shall lay down in order in their several times either the times in which they lived or whereof they writ that so we may the better see the whole succession both of the doctrine and the practice of Gods Church in the present business And this with all integrity and sincere proceeding not making use of any Author who hath been probably suspected of fraud or forgery nor dealing otherwise in this search than as becomes a man who aims at nothing more than Gods publick service and the conducting of Gods People in the ways of truth This is the sum of what I had to say in this present Preface beseeching God the God of truth yea the truth it self to give us a right understanding and a good will to do thereafter THE HISTORY OF THE SABBATH BOOK I. From the Creation of the World to the destruction of the Temple CHAP. I. That the SABBATH was not instituted in the Beginning of the World 1. The entrance to the Work in hand 2. That those words Genes 2. And God blessed the seventh day c. are there delivered as by way of anticipation 3. Anticipations in the Scripture confessed by them who deny it here 4. Anticipations of the same nature not strange in Scripture 5. No Law imposed by God on Adam touching the keeping of the Sabbath 6. The Sabbath not ingraft by Nature in the soul of man 7. The greatest Advocates for the Sabbath deny it to be any part of the Law of Nature 8. Of the morality and perfection supposed to be in the number of seven by some learned men 9. That other numbers in the confession of the same learned men particularly the first third and fourth are both as moral and as perfect as the seventh 10. The like is proved of the sixth eighth and tenth and of other numbers 11. The Scripture not more favourable to the number of seven than it is to others 12. Great caution to be used by those who love to recreate themselves in the mysteries of numbers I Purpose by the grace of God to write an History of the Sabbath and to make known what practically hath been done therein by the Church of God in all Ages past from the Creation till this present Primaque ab origine mundi ad mea perpetuum deducere tempora carmen One day as David tells us teacheth another Nor can we have a better Schoolmaster in the things of God than the continual and most constant practice of those famous men that have gone before us An undertaking of great difficulty but of greater profit In which I will crave leave to say as doth St. Austin in the entrance to his Books de Civitate Lib. 1. c. â— Magnum opus arduum sed Deus est adjutor noster Therefore most humbly begging the assistance of Gods holy Spirit to guide me in the way of truth I shall apply my self to so great a work beginning with the first Beginnings and so continuing my Discourse successively unto these times wherein we live In which no accident of note as far as I can discern shall pass unobserved which may conduce to the discovery of the truth and seâ—ling of the minds of men in a point so controverted On therefore 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to the present business Gen. 2. In the beginning saith the Text God created the Heaven and the Earth Which being finished and all the hosts of them made perfect on the seventh day God ended his work which he had made and he rested on the seventh day from all his work which he had made And then it followeth And God blessed the seventh day and sanctified it because that in it he had rested from all his work which God created and made Unto this passage of the Text and this
specified and to the course whereof the Council held at Orleans gave so wise a check but by imputing such Calamities as had fallen amongst them to the neglect or ill observance of this day A flash of Lightning or some other fire from Heaven as it was conceived had on the Lords day made great spoil of men and houses in the City of Limoges This Gregory of Tours who lived about the end of this sixth Century pronounceth to have fallen upon them ob diei dominici injuriam because some of them used to work upon the Sunday But how could he tell that or who made him acquainted with Gods secret counsels Had Gregory been Bishop of Limoges as he was of Tours it may be Limoges might have scaped so fierce a censure and only Tours have suffered in it For presently he adds in Turonico vero nonnulli ab hoc igne sed non die dominico adusti sunt that even in Tours it self many had perished by the self same fire but being it fell not on the Sunday as it did at Limoges therefore that misery fell on them for some other reason Indeed he tells us of this day that being it was the day whereon God made the light and after was the witness of our Saviours resurrection Ideo omni fide à Christianis observari debet ne fiat in eo omne opus publicum therefore it was to be observed of every Christian no manner of publick business to be done upon it A piece of new Divinity and never heard of till this Age nor in any afterwards Not heard of till this Age but in this it was For in the 24th year of Gunthram King of the Burgundians Conc. Matisonens 11. Can. 1. Anno 588. there was a Council called at Mascon a Town situate in the Duchy of Burgundy as we now distinguish it wherein were present Priscus Evantius Praetextatus and many other reverend and learned Prelates They taking into consideration how much the Lords day was of late neglected for remedy thereof ordained that it should be observed more carefully for the times to come Which Canon I shall therefore set down at large because it hath been often produced as a principal ground of those precise observances which some amongst us have endeavoured to force upon the consciences of weak and ignorant men It is as followeth Videmus populum Christianum temerario more diem dominicum contemptui tradere c. It is observed that Christian people do very rashly slight and neglect the Lords day giving themselves thereon as on other days to continual labours c. Therefore let every Christian in case be carry not that name in vain give ear to our instruction knowing that we have care that you should do well as well as power to bridle you that you do not ill It followeth Custodite diem dominicum qui nos denuo peperit c. Keep the Lords day the day of our new birth whereon we were delivered from the snares of sin Let no man meddle in litigious Controversies or deal in Actions or Law-suits or put himself at all upon such an exigent that needs he must prepare his Oxen for their daily work but exercise your selves in Hymns and singing Praises unto God being intent thereon both in mind and body If any have a Church at hand let him to unto it and there pour forth his soul in tears and prayers his eyes and hands being all that day lifted up to God It is the everlasting day of rest insinuated to us under the shadow of the seventh day or Sabbath in the Law and the Prophets and therefore it is very meet that we should celebrate this day with one accord whereon we have been made what at first we were not Let us then offer unto God our free and voluntary service by those great goodness we are freed from the Goal of errour not that the Lord exacts it of us that we should celebrate this day in a corporal abstinence or rest from labour who only looks that we do yield obedience to his holy will by which contemning earthly things he may conduct us to the heavens of his infinite mercy However if any man shall set at nought this our exhortation be he assured that God shall punish him as he hath deserved and that he shall be also subject unto the censures of the Church In case he be a Lawyer he shall lose his cause if that he be an Husbandman or Servant he shall be corporally punished for it but if a Clergy-man or Monk he shall be six months separated from the Congregation Add here that two years after this being the second year of the second Clotaire King of France there was a Synod holden at Auxerre a Town of Champagne concilium Antisiodorense in the Latin Writers wherein in it was decreed as in this of Mascon Non licet die dominico boves jungere vel alia opera exercere no man should be suffered to yoak his Oxen or do any manner of work upon the Sunday This is the Canon so much urged I mean that of Mascon to prove that we must spend the Lords day wholly in religious exercises and that there is no part thereof which is to be imployed unto other uses But there are many things to be considered before we yield unto this Canon or the authority thereof some of them being of that nature that those who most insist upon it must be fain to traverse For first it was contrived of purpose with so great a strictness to meet the better with those men which so extreamly had neglected that sacred day A stick that bends too much one way cannot be brought to any straightness till it be bent as much the other This Synod secondly was Provincial only and therefore can oblige none other but those for whom it was intended or such who after did submit unto it by taking it into their Canon Nor will some part thereof be approved by them who most stand upon it none being bound hereby to repair to Church to magnifie the name of God in the Congregation but such as have some Church at hand and what will then become of those that have a mile two three or more to their Parish Churches and no Chappel neither they are permitted by the Canon to abide at home As for Religious duties here are none expressed as proper for the Congregation but Psalms and Hymns and singing Praise unto the Lord and pouring forth our souls unto him in tears and prayers and then what shall we do for Preaching for Preaching of the Word which we so much call for Besides King Gunthram on whose Authority this Council met in his Confirmatory Letters doth extend this Canon as well unto the other Holy-days as unto the Sunday commanding all his Subjects Vigore hujus decreti definitionis generalis by vertue of his present mandate that on the Lords day vel in quibuscunque alijs solennitatibus and all solemn
to the judgment of the Protestants before remembred 2. The Lords day and the other Holy days confessed by all this Kingdom in the Court of Parliament to have no other ground than the authority of the Church 3. The meaning and occasion of that clause in the Common-Prayer book Lord have mercy upon us c. repeated at the end of the fourth Commandment 4. That by the Queens Injunctions and the first Parliament of her Keign the Lords day was not meant for a Sabbath day 5. The doctrine in the Homilies delivered about the Lords day and the Sabbath 6. The sum and substance of that Homily and that it makes not any thing for a Lords day Sabbath 7. The first original of the New Sabbath Speculations in this Church of England by whom and for what cause invented 8. Strange and most monstrous Paradoxes preached on occasion of the former doctrines and of the other effects thereof 9. What care was taken of the Lords day in King James his Reign the spreading of the doctrines and of the Articles of Ireland 10. The Jewish Sabbath set on foot and of King James his declaration about lawful sports on the Lords day 11. What Tracts were writ and published in that Princes time in opposition to the doctrines before remembred 12. In what estate the Lords day and the other Holy days have stood in Scotland since the reformation of Religion in that Kingdom 13. Statutes about the Lords day made by our present Sovereign and the misconstruing of the same His Majesty reviveth and enlargeth the Declaration of King James 14. An exhortation to obedience unto his Majesties most Christian purpose concludes this History THUS are we safely come to these present times the times of Reformation wherein whatever had been taught or done in the former days was publickly brought unto the test and if not well approved of layed aside either as unprofitable or plainly hurtful So dealt the Reformators of the church of England as with other things with that which we have now in hand the Lords day and the other Holy days keeping the days as many of them as were thought convenient for the advancement of true godliness and increase of piety but paring off those superstitious conceits and matters of opinion which had been entertained about them But first before we come to this we will by way of preparation lay down the judgments of some men in the present point men of good quality in their times and such as were content to be made a sacrifice in the common Cause Of these I shall take notice of three particularly according to the several times in the which they lived And first we will begin with Master Frith who suffered in the year 1533. who in his declaration of Baptism thus declares himself Our forefathers saith he Page 96. which were in the beginning of the Church did abrogate the Sabbath to the intent that men might have an ensample of Christian liberty c. Howbeith because it was necessary that a day should be reserved in which the people should come together to hear the Word of God they ordained instead of the Sabbath which was Saturday the next day following which is Sunday And although they might have kept the Saturday with the Jew as a thing indifferent yet they did much better Some three years after him Anno 1536. being the 28. of Henry the eighth suffered Master Tyndall who in his answer to Sir Thomas More hath resolved it thus As for the Sabbath we be Lords over the Sabbath Page 287. and may yet change it into Monday or into any other day as we see need or may make every tenth day Holy day only if we see cause why Neither was there any cause to change it from the Saturday but to put a difference between us and the Jews neither reed we any Holy day at all if the people might be taught without it Last of all bishop Hooper sometimes Bishop of Gloucester who suffered in Queen Maries Reign doth in a Treatise by him written on the Ten Commandments and printed in the year 1550. go the self-same way age 103. We may not think saith he that God gave any more holiness to the Sabbath than to the other days For if ye consider Friday Pag. 103. Saturday or Sunday inasmuch as they be days and the work of God the one is no more holy than the other but that day is always most holy in the which we most apply and give our selves unto holy works To that end did he sanctifie the Sabbath day not that we should give our selves to illness or such Ethnical pastime as is now used amongst Ethnical people but being free that day from the travels of this World we might consider the works and benefits of God with thanksgiving hear the Word of God honour him and fear him then to learn who and where be the poor of Christ that want our help Thus they and they amongst them have resolved on these four conclusions First that one day is no more holy than another the Sunday than the Saturday or the Friday further than they are set apart for holy Uses Secondly that the Lords day hath no institution from divine authority but was ordained by our fore-fathers in the beginning of the Church that so the people might have a Day to come together and hear Gods Word Thirdly that still the Church hath power to change the day from Sunday unto Monday or what day she will And lastly that one day in seven is not the Moral part of the fourth Commandment for Mr. Tyndal saith expresly that by the Church of God each tenth day only may be kept holy if we see cause why So that the marvel is the greater that any man should now affirm as some men have done that they are willing to lay down both their Lives and Livings in maintenance of those contrary Opinions which in these latter days have been taken up Now that which was affirmed by them in their particulars was not long afterwards made good by the general Body of this Church and State the King the Lords Spiritual and Temporal and all the Commons met in Parliament Anno the fifth and sixth of King Edward the sixth 5 6 Edw. 6. cap. 3. where to the honour of Almighty God it was thus enacted For as much as men be not at all times so mindful to Iaud and praise God so ready to resort to hear Gods holy Word and to come to the holy Communion c. as their bounden duty doth require therefore to call men to remembrance of their duty and to help their infirmity it hath been wholsomly provided that there should be some certain times and days appointed wherein the Christians should cease from all kind of labour and apply themselves only and wholly unto the aforesaid holy works properly pertaining to true Keligion c. Which works as they may well be called Gods Service so the time
which afterwards in the year 1625. he published to the World with his other Lectures Now in this Speech or Determination he did thus resolve it First that the Sabbath was not instituted in the first Creation of the World nor ever kept by any of the ancient Patriarchs who lived before the Law of Moses therefore no moral and perpetual Precept as the others are Sect. 2. Secondly That the sanctifying of one day in seven is ceremonial only and obliged the Jews not Moral to oblige us Christians to the like Observance Sect. 3. 4. Thirdly That the Lords day is founded only on the Authority of the Church guided therein by the practice of the Apostles not on the fourth Commandment which in the 7. Section he entituleth a seandalous Doctrine nor any other authority in holy Scripture Sect. 6. 7. Fourthly That the Church hath still authority to change the day though such authority be not fit to be put in practice Sect. 7. Fifthly That in the celebration of it there is no such cessation from the works of labour required of us as was exacted of the Jews but that we lawfully may dress Meat proportionable unto every mans estate and do such other things as be no hinderance to the publick Service appointed for the day Sect. 8. Sixthly That on the Lords day all Recreations whatsoever are to be allowed which honestly may refresh the spirits and encrease mutual love and Neighbourhood amongst us and that the Names whereby the Jews did use to call their Festival whereof the Sabbath was the chief were borrowed from an Hebrew word which signifies to Dance and to make merry or rejoyce And lastly that it appertains to the Christian Magistrate to order and appoint what Pastimes on the Lords day are to be permitted and what prohibited not unto every private person much less to every mans rash Zeal as his own words are who out of a schismatical Stoicism debarring men from lawful Pastimes doth incline to Judaisin Sect. 8. This was the sum and substance of his resolution then which as it gave content unto the sounder and the better part of the Assembly so it did infinitely stomack and displease the greater numbers such as were formerly possessed with the other Doctrines though they were wiser than to make it a publick Quarrel Only it pleased Mr. Bifeild of Surrey in his Reply in a Discourse of Mr. Brerewoods of Cresham Colledg Anno 1631. to tax the Doctor as a spreader of wicked Doctrine and much to marvel with himself how either he durst be so hold to say Page 161. or having said it could be suffered to put it forth viz. That to establish the Lords day on the fourth Commandment were to incline too much to Judaism This the said M. Bifeild thinks to be a foul aspertion on this famous Church But in so thinking I conceive that he consulted more his own opinion and his private interest than any publick maintenance of the Churches cause which was not injured by the Doctor but defended rather But to proceed or rather to go back a little About a year before the Doctor thus declared his judgment one Tho. Broad of Gloucestorshire had published something in this kind wherein to speak my mind thereof he rather shewed that he disliked those Sabbath Doctrines than durst disprove them And before either M. Brerewood whom before I named had writ a learned Treatise about the Sabbath on a particular occasion therein mentioned but published it was not till after both Anno 1629. Add here to joyn them altogether that in the Schools at Oxon Anno 1628. it was maintained by Dr. Robinson now Archdeacon of Gloucester viz. Ludos Recreationis gratia in die Dominico non esse prohibitos Divina Lege That Recreations on the Lords day were not at all prohibited by the Word of God As for our neighbour Church of Scotland as they proceeded not at first with that mature deliberation in the reforming of that Church which had been here observed with us so did they run upon a course of Reformation which after was thought fitting to be reformed The Queen was young and absent in the Court of France the Regent was a desolate Widow a Stranger to the Nation and not well obeyed So that the people there possessed by Cnoxe and other of their Teachers took the cause in hand and went that way which came most near unto Geneva where this Cnoxe had lived Among the first things wherewithal they were offended were the Holy days Proceedings at Perth These in their Book of Discipline Anno 1560. they condemned at once particularly the observation of Holy days entituled by the names of Saints the Feasts of Christmas Circumcision Epiphany the Purification and others of the Virgin Mary all which they ranked awongst the abominations of the Roman Religion as having neither Commandment nor assurance in the Word of God But having brought this Book to be subsigned by the Lords of secret Counsel it was first rejected some of them giving it the Title of Devote Imaginations Cnoxe Hist of Scotl. p. 523. whereof Cnoxe complains Yet notwithstanding on they went and at last prevailed for in the middle of the Tumults the Queen Regent died and did not only put down all the Holy days the Lords day excepted but when an uprore had been made in Edenburg about a Robin-hood or a Whitson-Lord they of the Consistory excommunicated the whole multitud Now Proceedings at Perth that the holy days were put down may appear by this That in the year 1566. when the Confession of the Helvetian Churches was proposed unto them they generally approved the same save that they liked not of those Holy days which were there retained But whatsoever they intended and howsoever they had utterly suppressed those days which were entituled by the Names of particular Saints yet they could never so prevail but that the people would retain some memory of the two great and principal Feasts of Christs Nativity and Resurrection For in the year 1575. Complaint was made unto the Regent how in Dunfreis they had conveyed the Reader to the Church with Taber and Whissel to read Prayers all the Holy days of Zule or Christmas Thereupon Anno 1577. it was ordained in an Assembly of the Church That the Visitors should admonish Ministers preaching or ministring the Communion at Pasche or Zule or other like superstitious times under pain of deprivation to desist therefrom Anno 1587. it was complained of to his Majesty That Pasche and Zule were superstitiously observed in Fife and about Dunfreis and in the year 1592. the Act of the Queen Regent granting licence to keep the said two Feasts was by them repealed Yet find we by the Bishop of Brechin in his Discourse of the Proceedings at the Synod of Perth that notwithstanding all the Acts Civil and Ecclesiastick made against the superstitious observation and prophane abuse of Zule day the people could never be induced to labour on
and approbation published the Exposition or Analysis of our Articles in which he gives the Calvinist as fair quarter as can be wished But first beginning with the last so much of the Objection as concerns Bishop Bancrost is extreamly false not agreeing to the Lambeth Articles not being Bishop of London when those Articles were agreed unto as is mistakingly affirmed and that Analysis of Explication of our English Articles related to in the Objection being published in the year 1585. which was ten years before the making of the Lambeth articles and eighteen years before Bancroft had been made Archbishop And secondly It is not very true that King James liked that is to say was well pleased with the putting of those Articles into the confession of the Church of Ireland though the said Confession was subscribed in his name by the Lord Deputy Chichester is plainly enough not without his consent for many other things were in the Confession to which the Lord Deputy subscribed and the King consented as affairs then stood which afterwards he declared no great liking to either of the Tenor or effect thereof For the truth is that the drawing up of that Confession being committed principally to the care of Dr. Vsher and afterwards Lord Primate of Ireland a professed Calvinian he did not only thrust into it all the Lambeth Articles but also many others of his own Opinions as namely That the Pope was Antichrist or that man of sin that the power of sacerdotal Absolution is no more than declaratory as also touching the morality of the Lords day Sabbath and the total spending of it in religious Exercises Which last how contrary it is to King Jame's Judgment how little cause he had to like it or rather how much reason he had to dislike it his declaration about lawful Sports which he published within three years after doth express sufficiently so that the King might give confent to the confirming of these Articles amongst the rest though he liked as little of the one as he did of the other And he might do it on these Reasons For first The Irish Nation at that time were most tenaciously addicted to Errors and corruptions of the Church of Rome and therefore must be bended to the other extream before they could be sireight and Orthodox in these points of doctrine Secondly It was an usual practice with the King in the whole course of his Government to ballance one extream by the other countenancing the Papist against the Puritan and the Puritan sometimes against the Papist that betwixt both the true Religion and Professors of it might be kept in safety With greater Artifice but less Authority have some of our Calvinians framed unto themselves another Argument derived from certain Questions and answers printed at the end of the Bible published by Rob. Barker his Majesties own Printer in the year 1607. from whence it is inferred by the Author of the Anti-Arminianism Anti-Armin p. 54. and from him by others that the said Questions and Answers do contain a punctual Declaration of the received doctrine of this Church in the points disputed But the worst is they signifie nothing to the purpose for which they were produced For I would fain know by what Authority those Questions and Answers were added to the end of the Bible If by Authority and that such Authority can be produced the Argument will be of force which it takes from them and then no question but the same Authority by which they were placed there at first would have preserved them in that place for a longer time than during the sale of that Edition The not retaining them in such Editions as have followed since the sale of that shews plainly that they were of no anthority in themselves nor intended by the Church for a rule to others and being of no older standing than the year 1607. for ought appears by Mr. Prin who first made the Objection they must needs seem as destitute of antiquity as they are of authority so that upon the whole matter the Author of the Book hath furnished those of different Judgment with a very strong argument that they wrre foisted in by the fraud and practice of some of the Emissaries of the Puritan Faction who hoped in time to have them pass as currant amongst the people as any part of Canonical Scripture Such Piae fraudes as these are we should have too many were they once allowed of Some prayers were also added to the end of the Bible in some Editions and others at the end of the publick Liturgy Which being neglected at the first and afterwards beheld as the authorized prayers of the Church were by command left out of those Books and Bibles as being the compositions of private men not the publick acts of the Church and never since added as before But to return unto King James we find not so much countenance given to the Calvinians by the fraud of his Printer as their opposites received by his grace and favour by which they were invested in the chief preferments of the Church of England conferred as openly and freely upon the Anti-Calvinians as those who had been bread up in the other persuasions Tros Tyriusque mihi nullo discrimine habentur as we know who said For presently upon the end of the Conference he prefers Bishop Bancroft to the Chair of Canterbury and not long after Dr. Barlow to the See of Rochester On whose translation unto Lincoln Dr. Richard Neil then Dean of westminster succeeds at Rochester and leaves Dr. Buckridge there for his successour at his removal unto Lichfield in the year 1609. Dr. Samuel Harsnet is advanced to the See of Chichester and about ten years after unto that of Norwich In the beginning of the year 1614. Dr. Overald succeeds Neil then translated to Lincoln in the See of Coventry and Lichfield Dr. George Mountein succeeded the said Neil then translated to Durham in the Church of Lincoln In the year 1619. Dr. John Houson one of the Canons of Christs Church a professed Anti-Calvinist is made Bishop of Oxon. And in the year 1621. Dr. Valentine Cary Successor unto Overald in the Deanry of St. Paul is made Bishop of Exon and on the same day Dr. William Laud who had been Pupil unto Buckridge as before said is consecrated Bishop of St. Davids By which encouragements the Anti-Calvinians or old English Protestants took heart again and more openly declared themselves than they had done formerly the several Bishops above-named finding so gracious a Patron of the learned King are as being themselves as bountiful Patrons respect being had to the performants in their nomination to their Friends and followers By means whereof though they found many a Rub in the way and were sometimes brought under censure by the adverse party yet in the end they surmounted all difficulties and came at last to be altogether as considerable both for power and number as the Calvinists were Towards which
Princes of the line of Cecrops now it began to be Elective Tacit. hist l. 1. and to be given to them who best pleased the people Et loco libertatis erat quod eligi coeperunt and it was some degree of liberty and a great one too that they had power to nominate and elect their Princes But long they did not like of this although no doubt a great intrusion on the Regal dignity The Princes were too absolute when they held for life not so observant of the people as it was expected because not liable to accompt nor to be called unto a reckoning till it was too late till death had freed them from their faults and the peoples censure And therefore having tried the Government of thirteen of these perpetual Archontes of which Medon the son of Codrus was the first and the last Alemaeon In decem annos Magistratuum consuetudo conversa est they introduced another custom Euseb in Chr. Asrican apud Euseb Chronâ— and every tenth year changed their Governors These they called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Decennial Archontes of which they had but seven in all and then gave them over and from that time were governed by nine Officers or Magistrates chosen every year who for that cause were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the Annual Magistrates And yet it is to be observed that in both these changes the Archon whosoever he was and whether he was for term of life or for ten years only had all the power which formerly was belonging to the Kings save the very name in which regard Eusebius doth not stick to call them by the name of Kings where speaking of the institution of these Annual Magistrates he doth thus express is Euseb Chron. Athenis Annui principes constituti sunt cessantibus Regibus as S. Hierom renders it Now for these Annual Magistrates they were these that follow that is to say 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Jul. P. 〈◊〉 in Onomast l. 8. c. 9. which we may call the Provost who 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was called the Archon the Bishop or High Priest the Marshal and the six Chief Justices Of these the Provost was the chief 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of whom they did denominate the ensuing year and by whose name they dated all their private Contracts and Acts of State Id ibid. Sect. 2. To him it appertained to have a care of celebrating the Orgies of Bacchus and the great Festival which they termed Thargelia consecrated to Apollo and Diana as also to take cognizance of misdemeanors and in particular to punish those who were common Drunkards and to determine in all cases which concerned matter of inheritance and furthermore to nominate Arbitrators for the ending of Suits and private differences to appoint Guardians unto Orphans and Overseers unto Women left with child by their Husbands The 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whom we call the Bishop or High Priest had the charge of all the sacred mysteries 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Id. ibid. Sect. 3. and the administration of the usual and accustomed Sacrifices together with the cognizance of sacriledg prophaneness and all other actions which concerned Religion as also power to interdict litigious persons or Common Barretters as we call them from being present at the celebration of the holy Mysteries And he retained the name of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because that anciently their Kings as in all places else had the chief hand in matters which related to the publick service of the Gods and the solemn Sacrifices On the which reason and no other the Romans had their Regem Sacrificulum whom Plutarch calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in imitation of the Latine but Dionysius 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Plutarch in Problemat Dionys Halicarnas hist l. 5. Livie hist Roman lib. 2. in the true Greek phrase of which Livie thus Rerum deinde divinarum habita cura quia quaedam publica sacra per ipsos Reges factitata erant necubi Regum desiderium esset Regem Sacrificulum creant But to proceed the Polemarchus whom we English by the name of Marshal sat Judg in cases of sedition and such whereby the grandeur of the State might suffer detriment as also in all actions which concerned either Denizens or Merchant-strangers and unto him it appertained to sacrifice to Diana and to Mars the two military Deities Jul. Pollux in Onomast l. 8. c. 93. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and to prescribe the funeral pomp for such as lost their lives in their Countreys service Each of these had their two Assessors Id. ibid. Sect. of their own Election but so that they were bound to chuse them out of the Senate of five hundred from no lower rank Finally for the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 who we call Chief Justices they were six in number 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Suidas in Lex and had authority to give Judgment absolutely in all Civil pleas to judg of strangers which abused the priviledges which they had in the City of Bribery Conspiracies false inscriptions in cases of Adultery and publick crimes in points of Trade Jul. Pollux in Onomast ll 4. c. 9. sect 1. and actions which concerned the Stannaries as also to review the sentence of the Provost and the decrees of the Senate if occasion were and to give notice to the people 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Julius Pollux if any man preferred a Law which was not profitable and expedient for the Common-wealth Such were the Officers and such the duty of those Officers ordained at Athens upon the last alteration of the Government which before we spake of and amongst these we find not any popular Magistrate who was to have a care of the common people and to preserve them in their rights and liberties from the oppression of the greater and more powerful Citizens much less set up of purpose to oppose the Senate And to say truth we must not look for any such amongst the Nine nor in these times in which this alteration of the Government was first established They could not fall immediately from a Regal State to a Democratical but they must take the Aristocratie in the way unto it They had been under Kings at first or such as had the power of Kings although not the name And when they chose these Annual Officers they chose them ex nobilibus urbis out of the Nobles only Euseb Chron. Scaliger in Aâ—imadveâ—s as Eusebius hath it which Scaliger is forced to grant to be so at first though out of a desire to confute his Author he would very fain have had it otherwise Whether or no they had such Officers as Calvin dreams of when they had setled their Democratie we shall see anon having first shewn by whom and by what degrees the Government of the State was cast on the peoples shoulders and the form thereof made meerly popular or Democratical For certainly it is most true that never