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A61451 An apology for the ancient right and power of the bishops to sit and vote in parliaments ... with an answer to the reasons maintained by Dr. Burgesse and many others against the votes of bishops : a determination at Cambridge of the learned and reverend Dr. Davenant, B. of Salisbury, Englished : the speech in Parliament made by Dr. Williams, L. Archbishop of York, in defence of the bishops : two speeches spoken in the House of Lords by the Lord Viscount Newarke, 1641. Stephens, Jeremiah, 1591-1665.; Davenant, John, ca. 1572-1641.; Williams, John, 1582-1650.; Newark, David Leslie, Baron, d. 1682. 1660 (1660) Wing S5446; ESTC R18087 87,157 146

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degree then in the time of Hen. 8. Iohn Pym in another Speech 4. Caroli would have the Arminian points setled and determined in parliament viz Concerning Predestination Absolute Reprobation Universal Grace Free-will and Final perseverance before the King should have Subsidies granted Tunnage or poundage But if they would give no money to the King till those difficult poins be cleared and resolved the King must never have any Subsidies granted For those Questions are so mysterious and abstruse that all the Divines in the world cannot yet resolve fully upon them But these and such like difficult questions in Divinity belong to the Convocation of the Clergy as Cook sheweth Instit. pag. 322. and they are to be called in time of parliaments by the Kings Writ and are to proceed juxta legem divinam Canones sanctae Ecclesiae saith Cook ibid. And they are divided into two parts viz. The Upper House where the Arch-bishops and Bishops sit and the lower House where the rest do sit And they have two prolocutors one of the Bishops of the Higher House chosen by that House another of the lower house and presented to the Bishops for their prolocutor Cook ibid. The Convocation of the Clergy made the thirty nine Articles of Religion the Common prayer Book and the Book of ordination of Bishops priests and Deacons and the Book of Canons To all which what subscription is required by Law Lord Coke sheweth pag. 323. But in the late long parliament all these Books and good orders are cast aside and neglected and nothing established in stead thereof But it is hoped that the most excellent and gracious King Charles the Second will so confirrm the Truth of our Religion and all good orders Laws Customes and Rights as there shall be a full and happy Conclusion of all differences and the peace of the Kingdome and Church established to the advancement of Gods glory and the rejoycing of all that are truly wise and religious Lord Cook sheweth pag. 325. How the Commission Court for causes Ecclesiastical was setled That such Iurisdiction Spiritual or Ecclesiastical as by any Spiritual or Ecclesiastical Power or Authority hath heretofore been or lawfully may be exercised or used for the Uisitation of the Ecclesiastical State and Persons And for Reformation Order and Correction of the same and of all manner of Errors Heresies Schisms Abuses Offences Contempts and Enormities shall for ever be united and annexed to the Imperial Crown of this Realm But not to the House of Commons or any others but by the dissolution of the high Commission and all other Courts Ecclesiastical there is risen up such an infinite and prodigious number of sectaries factions divisions in Religion enormities and disorders as is lamentable to behold and all scandalous sins as adultery fornication incest and such as ought not to be named among Christians go unpunished dayly If a bastard Child be gotten the Justices of the peace do only take care for keeping of the bastard but for the offence and scandal given to Religion they do nothing that belongeth to the Ecclesiastical Court to injoyn what pennance is fitting according to Ecclesiastical Laws which have been neglected too much of late though they are ancient and fundamental as well as any Common Laws But it is testified fully by the best learned Divines in forraign Countries that our Church of England was the onely Church reformed by peaceable means and gracious Princes whereas others in France Germany and other places were reformed most part by tumults and violent wars Beza from Geneva said of the Reformation by Queen Elizabeth Doctrinae puritas viget in Anglia pure sincere so said Peter Martyr and Zanchy and Damens when they saw the Confession of our faith in the thirty nine Articles and others parts of our Reformation so excellently defended by the Renowned Bishop Iewell in his Apology and Defence thereof against Harding the Papist books far more excellent and pious then ever Cartwright or any Presbyterian published and of late times the learned Deodatus professor at Geneva doth magnifie the Church of England as the most eminent of all the Reformed Churches stiling it Florentissima Anglia ocellus ille Ecclesiarum peculium Christi singulare Perfugium afflictorum imbellium Armamentarium inopum promptuarium spei melioris vexillum splendidae Domini Caulae and much more he addeth speaking of our happiness before these troubles and so it might have continued still if the Clergy might have enjoyed those rights and priviledges which the priesthood of God did anciently enjoy in all ages for in the Law of nature before Moses the priesthood was honourable Priests being then the first born and eldest sons of the Family not younger Brethren or poor fellows of the bas●st of the people How honorable the Priesthood was in the tribe of Levi is well known Sir Iames Sempill a learned Knight of Scotland doth shew it fully in his book of Sacriledge in many places Cap. 6. Sect. 4. speaking of the dignity of the Church ministry of old For tithes inheritance in the person of one Royal Melchisedeck Royal I say in regard of the great odds between that and this our age now For of old as writeth Iosephus the true mark of nobility was to derive a mans Pedigree from the Priesthood so Iosephus was a Gentleman because 〈◊〉 sanguine sacerdotali And in our time the onely best Tenure and Holding of Possessions was to hold of the Church but now all to the contrary For Rome hath frustrate her ministry of Matrimony and we at home ours of their patrimony She can bring forth no well begotten Children and we but few well beneficed Church men No Iosephs in her and all Iobs with us and instead to hold of the Church we hold all from the Church both much amiss And as he saith in his preface to King Iames Truely it never goeth better then when the Church Courteth it and the Court Churcheth it for Moses and Aaron were Brothers Well might the Learned and Religious Knight complain that things are much amiss when in the times of the light of Learning and Religion reformed hath in great measure flourished among us but of late been so defaced and deformed that it is lamentable to report more of it the Enormities being so great and scandalous that unless the Kings Majesty out of his singular piety and wisdome do resume the ancient Jurisdiction of his Crown Who onely hath the proper power and authority to reform and correct all manner of Heresies Schismes Abuses Offences Contempts and Enormitie as are the express words of the Statute 1 Eliz. as they are recited and inforced by Lord Coke 4. Instit. Pag. 325. there can be little hope of Redress but as the Queen then did assign and authorise Commissioners to execute this Jurisdiction so it may be now done Commissioners may be appointed by the King to perform and execute his power in as full and ample manner as Queen Elizabeth did and
and Combustions of France when the Protestants did call and hold Parliaments there without the Kings consent as at Loudun and Rochel 1627. and did garrison the City very strongly against the King Moulin doth take occasion to speak thereof in his Anatome Missae pag. 246. Where he reckoneth up the wars of Bohemia and what was done against Hierom of Prague and Iohn Husse and the fortunate battels fought by Zisca in the end he concludeth and inferreth this Haec non ideo à nobis allata sunt quod probemus actiones Ziscae aut tumultus populorum qui ut persecutiones martyrium effugiant arma sumunt adversus dominos suos etenim veritas Evangelica non his stabilitur rationibus modis Christus ad crucem p●st se ferendam nos voeat Sanguis martyrum plus habet efficaciae virtutis ad ampliandam Ecclesiam quam bellorum ●ertam●●a Thus it appears that 〈◊〉 doth not justify the taking up of arms against Princes to reform Religion He was sensible of the Errors and losses of the Presbyterians in France in the wars they undertook against their King Lewis 13. Who in the end suppressed them took their strong towns and reduced them to obedience though he granted them the exercise of their Religion and how much they lost by the wars Moulin then liying in France and seeing both the beginning and end of the war could not be ignorant But the principal reason why the Presbyterians do maintain these desperate opinions of taking up arms is that they may pull down the Bishops and seise upon their revenues and lands as they have done notoriously of late both in Bohemia Germany and France and now with u● but they were inforced to regorge and restore them as appears fully in the late Histories which might have forewarned our Puritans Si mens non laeva fuisset The Emperor hath restored not onely in his patrimonial Countries all the Lands and Estates of the Bishops and Clergy which the puritans there had seised on of late years but those also which were taken away an 100 years ago as in the Duke of Wittenbergs Country whereof there are two volumes published at Tubing in Germany 1639. The Learned French Divine Chamier Tom. 2. lib. 15. c. 8. at large disputeth the question An tolerari debeat a Christianis Rex infidelis aut haereticus Pontificii dicunt non licet Christianis tolerare Regem infidelem aut haereticum si conetur pertrahere subditos ad suam haeresin vel infidelitatem c. Haec vero fax est seditionum scaturigo parricidiorum lerna malorum quibus hisce multis annis Anglia tentata est sed tentata tantum Deo protegente regiaque capita praesentibus periculis eripieute At nostrae Galliae Theatrum jam ter misere cruentatum duorum proxime Regum sanguine sic enim ratiocinati sunt parricidae aut qui parricidis sicas tradiderunt Non esse tolerandum Christianis regem incommodum Ecclesiae itaque deponendum Quid si non possit judicio solenni tamen ipso facto qui dignum se exhibuerit depositione censerl depositum ac proinde non amplius Regem sed Tyrannum ideoque jure occidi id est tolli quacunque possit ratione Quos furores si nulla alia revinceret ratio certe tam immania sceler aabunde debent hominum animos abominatione replesse Viderint homines Deut certe non dormit If Chamier had lived to see the murther of King Charles he would have said more then he did Hisce multis Annis Anglia tentata est sed tentata tantum God did preserve Q. Elizabeth oftentimes and King Iames from the Gunpowder Treason Upon both which occasions much hath been written by learned wise and excellent men both at home and abroad Against that wicked doctrine of raising arms against Kings to reform Religion Whereof not only the Papists are guilty but the Puritans As Bancroft proveth fully against Knoxe and Buchanan Goodman Gilly Cartwright and many others lib. 2. c. 1 2 3 4 of his dangerous positions The Puritans in England could be content to second King Iames writing against the Pope and Papists for deposing and murthering of Kings But for their own parts they account Parliaments to be superiour to all Kings and therefore maintain that Doctrine of Calvin that the tres ordines Regni the three estates of Parliaments may correct and punish Kings Which Doctrine David Pareus defended But his books were burned for it at London and both Universities But of late not only the three estates of the Kingdome but the third estate the Commons the representative of the peopledome may correct and punish Kings For they have styled themselves The Supream authority of the Nation without the House of Lords whom they voted to be uselesse and cast them out and make Statutes which they call Acts of Parliament without the House of Lords or the Royal assent Contrary to all the statutes recorded in the Book of Statutes Bancroft in the very end of his Book of dangerous positions doth plainly foretell that the Puritans would never give over their Clamour for Reformation till they had utterly ruined the whole Kingdome and Church as now it appears manifestly they have effected their desires in great part But saith Bancroft there are divers-men that will needs hood-wink themselves and stop their Ears with the Serpent in the Psalm of purpose because they would gladly have these things smothered up He meaneth men in great place that were willing to think that the Puritans were no such dangerous men as he and others did take them to be only scrupulous and peevish perhaps about Ceremonies and therefore were willing to forbear them and not to censure them sharply But Bancroft doth wisely tell them that if any such mischeifs which God forbid shall happen hereafter they were sufficiently warned that both should and might in good time have prevented them and withall it would then be found true which Livy saith Urgentibus Republicam fatis Dei hominum falutares admonitiones spernuntur When the Lord for the sins of the people is purposed to punish any Country he blindeth the eyes of the wise so as they shall either neglect or not perceive those ordinary means for the safety thereof which very simple men or babes in a manner did easily foresee Which Judgement I pray God turn far away and long from this and all other true Christian Lands and Kingdoms The principal end and project of the Presbyterians was not only to reform some things amisse but to pluck up both root and branch of Episcopacy and all Ecclesiastical laws and Courts though never so ancient and Fundamental setled by Magna Charta and many other Fundamental statutes as Circumspecte agatis 13. Edw 1. Articuli Cleri 9. Ed. 2. as Lord Coke doth expound them at large 2. Institut and for payment of Tythes and all Duties belonging to the Church there is both Common Law and