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A65573 The civil rights and conveniences of episcopacy with the inconvenience of presbytery asserted : as it was delivered in a charge to the grand jury at the general quarter sessions held at Nottingham Apr. 22, 1661 / by Pen. Whalley. Whalley, Penistone. 1661 (1661) Wing W1534; ESTC R27585 9,880 15

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same answer in this particular as the King of Persia did in another case who falling into an incestuous love demanded of his Counsel Whether there was not a Law that the Kings of Persia might marrie their own Sisters They after some advice return this Answer That they could not find a Law tolerating such marriages yet there was another which permitted the Kings of Persia to doe what they thought fit And so though there be no Law that Magna Charta should be infringed in the least particle yet there is a Law or Custome for Parliaments to do what they will And by a Parliament was Magna Charta as farre as concerns the Church violated and therefore good and binding 'T is true the Royal assent was as a man may say extorted to that Bill whose condescending to that and some other things about that time to prevent as he hoped that which it caused a War together with his signing those Sacrilegious destructive self tottering Propositions at the Isle of Wight made him appear to be a man and in those things subject to infirmities But however this is well enough answered out of Bodinus that great States-man of France Nihil á duobus ordinibus potest decerni quo uni ex tribus incommodum inferatur Nothing can be Decreed by two Estates to incommode the third and that the Lords Spiritual are an Estate I hope will not be denied when my Lord Cooke that Oracle of the Law affirms it who in his Chapter of P. F 1. sayes The three Estates of the Realm are the Lords Spiritual the Lords Temporal and the Commons and his I think is a sufficient Authoritie to confute that Frivolous but King-lessning Tenent which holds his Majestie to be one of the three Estates The next thing to be inquired after is the advantage that doth or may accrue to us Commoners by these Priviledges of the Church and they are either in general or particular The first is very Evident for if at any time the Lords should attempt to encroach a thing which possibly they may hereafter incline unto to be quit with us upon the rights of the Commons the Bishops are as so many Advocates to plead our Cause in the upper House to which their own interest must enforce them for as they are generally the sons of Commoners and so taken from amongst us so to us they must return in their issues and therefore look whatsoever they assent unto which entrenches upon our liberties is prejudicial to themselves in their Posterities and Relations The next to be treated of is that which will be sure to get acceptation every mans particular advantage and that worldly too by the reflourishing of the Church and this is as apparent as the former For all that Grandeur and splendour those eminent places of Honour and Profit in the Church are but as so many Crowns and Prizes held forth to the encouragement of us and our Children in the progress of Vertue according to that of Claudian Egregios invitant praemia mores And the rather to incite us the meanest person in the Nation is in himself or posteritie capable of the highest Church preferment if parts and industrie be not wanting so that now we may say to our Children as soon as they are fit to go from us Disce bonas artes sanctam cole Relligionem Sic tibi cum magno surget honore decus Pursue good Arts embrace Religion true So Honours great to thee shall soon accrue For now Heavens be praised the Church hath got such a nursing Father as she wants no preferment wherewith to encourage her deserving and obedient sons And though all men cannot arrive at the highest pitch of Honor yet where there is merit there will never be wanting a sufficient compensation Better too is it for the body of a Nation when vertue is encouraged by rewards then when Vice is only disgraced by penalties For Noble and generous Spirits are sooner drawn to the wayes of Vertue by Honourable Requitals then deterred from those of Vice by ignominious punishments And therefore praise-worthy is that Inscription upon the Town Hall of Zant a Citie in an Island of the same name Hic locus odit amat pumit conservat honorat Nequitiam pacem crimina jara probos Here are rewards for Vertue as well as punishments for Vice Neither is it a new thing for learned Men to be preferred before others that are superiour in Birth and Estate if inferiour in that qualification for which Sigismund the Emperour gave this Reason Who upon a time being asked by some of his heavie-headed attendants Why he valued Scholars above themselves who were far their superiours both in Honour and riches returned this Answer Se jure illos colere qui vobis donis tam divinis antecederent That he did them nothing but right because they out went them in gifts so Divine For saith he Wisedom and Learning are only the gifts of God whereas he himself could confer honor and riches upon any body and of this mind was Antisthenes the Philosopher when he cursed that Citie where 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 good and bad fools and wise men had equal honour As now I have spoke somthing of the Rights and Conveniencie of Episcopacy so it remains that I should say likewise something of the no right and inconveniency of * By Presbytery must be meant the Scotch to set up which the Nation when they were set a madding Covananted Presbytery But the former it is needless to insist on because having proved the Rights of the one the illegalitie of the other is of natural consequence therefore the chief bent of my Discourse shall be to treat of the inconveniencie that Presbytery brings along with it to all sorts and orders of men and first I le begin with the King From him though a Sacred Person it ravishes the chiefest Jewel of the Crown the dernier resort or last appeal of the Subject For whereas by the Lawes of England If any man find himself aggrieved at any consistorial proceedings of any Bishop there lies an Appeal to the King in Chancery who of course in those cases commissionates certain Delegates under the Great Seal who are to inquire and take Cognizance of the matter depending and accordingly to relieve the Plaintiffe if they see occasion for it With the Presbytery it i● other wayes for they say in the book of Discipline From the Kirk is no appellation and as this is very prejudicial to the Authoritie of Princes so is there another passage in that book as prejudicial to their persons For to Discipline say they must all Estates 2. Book of Discip c. 18. and Persons as well they that Govern as they that are governed be subject If now the King cannot scape Scot-free the Subject must not expect to be free from their insolence For they say That for an uncomly gesture a vain word suspition of covetousness 1 Book of Disc 7.