Battels and Assaults which we shall sum up briefly in their place and time And first for Coronations which as before I said are mixt kind of actions compound of sacred and of civil William surnamed Rufus was crowned at Canterbury by Archbishop Lanfrancke the 25 of Septemb. being Sunday Anno 1087. So was King Stephen the 21 of Decemb. being Sunday too Anno 1135. On Sunday before Christmas day was Henry the second crowned at London by Archbishop Theobald Anno 1155. and on the Sunday before Septuagesima his Daughter Joane was at Palermo crowned Queen of Sicily Of Richard the first it is recorded that hoysing Sail from Barbeflet in Normandy he arrived safely here upon the Sunday before our Lady day in Harvest whence setting towards London there met him his Archbishops Bishops Earls and Barons cum copiosa militum multitudine with a great multitude of Knightly rank by whose advise and Councel he was crowned on a Sunday in September following Anno 1189. and after crowned a second time on his return from Thraldom and the Holy Land Anno 1194. on a Sunday too The Royal and magnificent form of his first Coronation they who list to see may find it most exactly represented in Rog. de Hoveden And last of all King John was first inaugurated Duke of Normandy by Walter Archbishop of Roane the Sunday after Easter day Anno 1200. and on a Sunday after crowned King of England together with Isabel his Queen by Hubert at that time Archbishop of Canterbury For Synods next Anno 1070. A Council was assembled at Winchester by the appointment of King William the first and the consent of Alexander then Pope of Rome for the degrading of Stigand Archbishop of Canterbury and this upon the Sunday next after Easter And we find mention of a Synod called by Richard Archbishop of Canterbury Anno 1175. the Sunday before holy Thursday ad quod concilium venerunt fere omnes Episcopi Abbates Cantuariensis dioeceseos where were assembled almost all the Bishops and Abbots of the whole Province For Councils of Estate there was a solemn meeting called on Trinity Sunday Anno 1143. in which assembled Maud the Empress and all the Lords which held her party where the Ambassadours from Anjou gave up their account and thereupon it was concluded that the Earl of Gloucester should be sent thither to negotiate his Sisters business So in the year 1185 when some Embassadours from the East had offered to King Henry the second the Kingdom of Hierusalem the King designed the first Sunday in Lent for his day of answer Upon which day there met at London the King the Patriarch of Hierusalem the Bishops Abbots Earls and Barons of the Realm of England as also William King of Scotland and his Brother David with the Earls and Barons of the Countrey habito inde cum deliberatione concilio c. and then and there upon mature deliberation it was concluded that though the King accepted not the Title yet he would give his people leave to put themselves into the action and take up the Cross For civil Business of another nature we find it on Record that on the fourth Sunday in Lent next following the same King Henry Knighted his Son John and sent him forthwith into Ireland Knighthood at those times being far more full of ceremony than now it is Which being but a preparation to War and military matters leads us unto such Battels as in these times were fought on Sunday Of which we find it in our Annals that in the year 1142. upon a Sunday being Candlemas day King Stephen was taken prisoner at the battel of Lincoln as also that on Holy-Cross day next after being Sunday too Robert Earl of Gloucester Commander of the adverse force was taken Prisoner at the battel of Winchester So read we that on Sunday the 25th of August Anno 1173. the King of France besieged and forced the Castle of Dole in Brittain belonging to the King of England As also that on Sunday the 26th of Septemb. Anno 1198. King Richard took the Castle of Curceles from the King of France More of the kind might be remembred were not these sufficient to shew how anciently it hath been the use of the Kings of England to create Knights and hold their Councils of estate on the Lords day as now they do Were not the others here remembred sufficient to let us know that our Progenitours did not think so superstitiously of this day as not to come upon the same unto the Crowning of their Kings or the publick Synods of the Church or if need were and their occasions so required it to fight as well on the Lords day as on any other Therefore no Lords day Sabbath hitherto in the Realm of England Not hitherto indeed But in the Age that followed next there were some overtures thereof some strange preparatives to begin one For in the very entrance of the 13th Age Fulco a French Priest and a notable Hypocrite Rog. de Hoteden as our King Richard counted him and the story proves lighted upon a new Sabbatarian fancy which one of his Associates Eustathius Abbat of Flay in Normandy was sent to scatter here in England but finding opposition to his doctrine he went back again the next year after being 1202. he comes better fortified preaching from town to town and from place to place ne quis forum rerum venalium diebus Dominicis exerceret that no man should presume to market on the Lords day Where by the way we may observe that notwithstanding all the Canons and Edicts before remembred in the fifth Chapter of this book and the third Section of this Chapter the English kept their markets on the Lords day as they had done formerly as neither being bound to those which had been made by foreign states or such as being made at home had long before been cut in peeces by the sword of the Norman Conqueror Now for the easier bringing of the people to obey their dictates they had to shew a warrant sent from God himself as they gave it out The title this Mandatum sanctum Dominicae diei quod de coelo venit in Hierusalem c. An holy mandat touching the Lords day which came down from Heaven unto Hierusalem found on S. Simeons Altar in Golgotha where Christ was Crucified for the sins of all the world which lying there three days and as many nights strook with such terrour all that saw it that falling on the ground they besought Gods mercy At last the Patriarch and Akarias the Archbishop of I know not whence ventured to take into their bands that dreadful letter which was written thus Now wipe your eyes and look a while on the Contents which I shall render with as much brevity as the thing requires Ego Dominus qui praecepi vobis ut observaretis diem sanctum Dominicum non custodistis eum c. I am the Lord which hath commanded to keep
and Ministers shall move the people to joyn with them in Prayer in this Form or to this effect as briefly as conveniently they may Ye shall pray for Christs holy Catholick Church that is for the whole Congregation of Christian people dispersed through the whole world and especially for the Churches of England Scotland and Ireland And herein I require you most especially to pray for the Kings most excellent Majesty our Sovereign Lord James King of England Scotland France and Ireland Defender of the Faith and Supreme Governour in these his Realms and all other his Dominions and Countreys over all Persons in all causes as well Ecclesiastical as Temporal Ye shall also pray for our gracious Queen Ann the noble Prince Henry and the rest of the Kings and Queens Royal Issue Ye shall also pray for the Ministers of Gods holy Word and Sacraments as well Archbishops and Bishops as other Pastors and Curats Ye shall also pray for the Kings most honourable Council and for all the Nobility and Magistrates of this Realm that all and every of those in their several callings may serve truly and painfully to the Glory of God and the edifying and well-governing of his people remembring the accompt they must make Also ye shall pray for the whole Commons of this Realm that they may live in true Faith and fear of God and humble obedience to the King and Brotherly Charity one to another Finally let us praise God for all those that are already departed out of this life in the Faith of Christ and pray unto God that we may have grace to direct our lives after their good examples that this life ended we may be made partakers with them of the glorious Resurrection in the life everlasting Always concluding with the Lords Prayer So far the Letter of the Canon in which there was not any purpose nor in the makers of the same to introduce into the Church any Form of Prayer or Invocation save those which were laid down in the Common prayer Book nor indeed could they if they would the Statute 1 Eliz. being still in force but to reduce her Ministers to the antient usage of this Church which had been much neglected if not laid aside The Canons then established were no late Invention as some give it out but a Collection of such Ordinances and pious Customs as had been formerly in use since the Reformation which being scattered and diffused in several Injunctions Orders and Advertisements published by K. Henry VIII K. Edward VI. and Q. Eliz. or in the Canons of particular Convocations in those times assembled or otherwise retained in continual practice was by the care and wisdom of the Clergy in the Synod at London An. 1603. drawn up together into one body and by his Majesty then being Authorized in due form of Law And being so Authorized by his Majesty the Canons then made had the force of Laws and were of power to bind the Subjects of all sorts according to their several and respective concernments as fully and effectually as any Statute or Act of Parliament can bind the Subject of this Realm in their goods and properties For which consult the Statute 25. H. 8. cap. 19. and the practice since Which as it may be said of all so more particularly of the Canon now in question of which it is to be considered that the main body of the same had been delivered formerly almost verbatim in the Queens Injunctions published by her Royal and Supream Authority in the first year of her Reign Anno 1559. which I will therefore here put down that by comparing both together we may the better see the true intention of that Canon and what is further to be said in the present business The Queens Injunction is as followeth The title this The Form of bidding the Prayers to be used generally in this uniform sort and then the body of it is this Ye shall pray for Christs holy Catholick Church that is for the whole Congregation of Christian people dispersed throughout the whole world and especially for the Churches of England and Ireland and herein I require you most especially to pray for the Queens most excellent Majesty our Soveraign Lady Eliz. Queen of England France and Ireland Defender of the Faith and supream Governour of this Realm as well in causes Ecclesiastical as Temporal You shall also pray for the Ministers of Gods holy Word and Sacraments as well Archbishops and Bishops as other Pastors and Curats Ye shall also pray for the Queens most honourable Council and for all the Nobility of this Realm That all and every of these in their callings may serve truly and painfully to the glory of God and edifying of his people remembring the accompt they must make Also you shall pray for the whole Commons of this Realm that they may live in true faith and fear of God in humble Obedience and brotherly Charity one to another Finally let us praise God for all those that are departed out of this life in the faith of Christ and pray unto God that we may have grace to direct our lives after their good example that after this life we may be made partakers of the glorious resurrection in the life everlasting These are the very words of the Injunction wherein it is to be observed that as the Canon hath relation to this Injunction so neither this Injunction nor any thing therein enjoyned was of new erection but a Reviver only of the usual Form which had been formerly enjoyned and constantly observed in King Edwards days as we shall see by looking over the Injunction published and the practice following thereupon in the said Kings Reign Now the Injunction of King Edward the 6. is in this Form following The Title thus The Form of bidding the Common prayers and then the Form it self You shall pray for the whole Congregation of Christs Church and especially for this Congregation of England and Ireland wherein first I commend to your devout prayers the Kings most excellent Majesty supreme Head immediately under God of the Spiritualty and Temporalty of the same Church And for Queen Katharine Dowager and also for my Lady Mary and my Lady Elizabeth the Kings Sisters Secondly you shall pray for my Lord Protectors grace with all the rest of the Kings Majesties Council for all the Lords of this Realm and for the Clergy and Commons of the same Beseeching Almighty God to give every one of them in his degree Grace to use themselves in such wise as may be to Gods glory the Kings honour and the weal of this Realm Thirdly you shall pray for all them that be departed out of this world in the faith of Christ that they with us and we with them at the day of Judgment may rest both Body and Soul with Abraham Isaac and Jacob in the Kingdom of Heaven This was the Form first published in the beginning of the Reign of King Edward VI. and it continued all
as well upon the Saturday as upon the Sunday it is now time we turned our course and set sail for England where we shall find as little of it as in other places until that forty years ago no more some men began to introduce a Sabbath thereunto in hope thereby to countenance and advance their other projects CHAP. VII In what estate the Lords day stood in this Isle of Brittain from the first Planting of Religion to the Reformation 1. What doth occur about the Lords day and the other Festivals amongst the Churches of the Brittains 2. Of the estate of the Lords day and the other Holy-days in the Saxon Heptarchy 3. The honours done unto the Sunday and the other Holy-days by the Saxon Monarchs 4. Of the publick actions Civil Ecclesiastical mixt and Military done on the Lords day under the first six Norman Kings 5. New Sabbath Doctrins broached in England in King Johns Reign and the miraculous original of the same 6. The prosecution of the former story and ill success therein of the undertakers 7. Restraint of worldly business on the Lords day and the other Holy-days admitted in those times in Scotland 8. Restraint of certain servile works on Sundays Holy-days and the Wakes concluded in the Council of Oxon under Henry III. 9. Husbandry and Legal process prohibited on the Lords day first in the Reign of Edward III. 10. Selling of Wools on the Lords day and the solemn Feasts forbidden first by the said King Edward as after Fairs and Markets generally by King Henry VI. 11. The Cordwainers of London restrained from selling their Wares on the Lords day and some other Festivals by King Edward IV. and the repealing of that Act by King Henry VIII 12. In what estate the Lords day stood both for the doctrine and the practice in the beginning of the Reign of the said King Henry AND now at last we are for England that we may see what hath been done amongst our selves in this particular and thereby be the better lessoned what we are to do For as before I noted the Canons of particular Churches and Edicts of particular Princes though they sufficiently declare both what their practice and opinion was in the present point yet are no general rule nor prescript to others which lived not in the compass of their Authority Nor can they further bind us as was then observed than as they have been since admitted into our Church or State either by adding them unto the body of our Canon or imitating them in the composition of our Acts and Statutes Only the Decretals of the Popes the body of their Canon Law is to be excepted which being made for the direction and reiglement of the Church in general were by degrees admitted and obeyed in these parts of Christendome and are by Act of Parliament so far still in force as they oppose not the Prerogative Royal or the municipal Laws and Statutes of this Realm of England Now that we may the better see how it hath been adjudged of here and what hath been decreed ordome touching the Lords day and the other Holy-days we will ascend as high as possibly we can even to the Church and Empire of the Brittains Of them indeed we find not much and that delivered in as little it being said of them by Beda Hist l. 1. c. 8. that in the time of Constantine they did dies festos celebrare observe those Holy-days which were then in use which as before we said were Easter Whitsontide the Feasts of Christs Nativity and his Incarnation every year together with the Lords day weekly And yet it may be thought that in those times the Lords day was not here of any great account in that they kept the Feast of Easter after the fashion of the Churches in the Eastern parts decima quarta luna on what day of the week soever which certainly they had not done had the Lords day obtained amongst them that esteem which generally it had found in the Western Churches And howsoever a late writer of Ecclesiastical History endeavour to acquit the Brittains of these first Ages from the erroneous observation of that Feast Brought hist l. 4. c. 13. and make them therein followers of the Church of Rome yet I conceive not that his proofs come home to make good his purpose For where it is his purpose to prove by computation that that erroneous observation came not in amongst the Brittains till 30 years before the entrance of S. Austin and his associates into this Island and for that end hath brought a passage out of Beda touching the continuance of that custom It 's plain that Beda speaks not of the Brittish but the Scottish Christians Permansit autem apud eos the Scottish-Irish Christians as himself confesseth hujusmodi observantia Paschalis tempore non pauco hoc est usque ad annum Domini 717. per annos 150. which was as he computes it somewhat near the point but 30 years before the entrance of that Austin Now for the Scots it is apparent that they received not the faith till the year of Christ 430 not to say any thing of the time wherein they first set footing in this Island which was not very long before and probably might about that time of which Beda speaks receive the custom of keeping Easter from the Brittains who were next neighbours to them and a long time lived mingled with them But for the Brittains it is most certain that they had longer been accustomed to that observation though for the time thereof whether it came in with the first plantation of the Gospel here we will not contend as not pertaining to the business which we have in hand Suffice it that the Brittains anciently were observant of those publick Festivals which had been generally entertained in the Church of God though for the time of celebrating the Feast of Easter they might adhere more unto one Church than unto another As for the Canon of the Council of Nice Anno 198. which is there alledged Baronius rightly hath observed out of Athanasius that notwithstaning both the Canon and the Emperours Edicts thereupon tamen etiam postea Syros Cilices Mesopotamios in eodem errore permansisse the Syrians Cilicians and Mesopotamians continued in their former errours And why not then the Brittains which lay farther off as well as those that dwelt so near the then Regal City Proceed we next unto the Saxons who as they first received the faith from the Church of Rome so did they therewithal receive such institutions as were at that time generally entertained in the Roman Church the celebration of the Lords day and the other Festivals which were allowed of and observed when Gregory the Great attained the Popedom And here to take things as they lie in order we must begin with a narration concerning Westminster which for the prettiness of the story I will here insert Sebert the first Christian King of the East Saxons
tres solum inventi fuere qui edicto resisterint that is to say the Word of God is not made the weaker by my sole appearing in defence thereof no more than when there were but three he means the three Hebrew Children in the Book of Daniel which durst make open opposition to the Kings Edict Liberius thought himself sufficient to keep possession of a truth in the Church of Christ till God should please to raise up more Champions in all places to defend the same not thinking it necessary to return any other answer or to produce the names of any others of his time who turned Athanasius as much as he which brings into my mind a passage in the conference betwixt Dr. Ban Featly and Sweat the Jesuite in which the Jesuite much insisted on that thred-bare question viz. where was your Church before Luther which when the Doctor went to shew out of Scriptures and Fathers some of the Papists standing by cried out for names those which stood further of ingeminating nothing but Names Names whereupon the Dr. merily asked them if nothing would content them but a Buttery book And such an Answer I must make in the present case to such as take up testimony by tale not weight and think no truth is fairly proved except it come attended with a cloud of witnesses But what we want in number now he shall find hereafter when we shall come to take a view of King James his Reign to which now we hasten CHAP. XXII Of the Conference at Hampton Court and the several encouragements given to the Anti-Calvinians in the time of King James 1. The occasion of the conference at Hampton Court and the chief persons there assembled 2. The nine Articles of Lambeth rejected by King James 3. Those of the Church being left in their former condition 4. The Calvinian Doctrine of Predestination decryed by Bishop Bancroft and disliked by King James and the reasons of it 5. Bishop Bancroft and his Chaplain both abused the inserting the Lambeth Articles into the confession of Ireland no argument of King James his approbation of them by whom they were inserted and for what cause allowed of in the said Confession 6. A pious fraud of the Calvinians in clapping their predestinarian Doctrines at the end of the Old Testament An. 1607. discovered censured and rejected with the reasons for it 7. The great incouragement given by King James to the Anti-calvinians and the increasing of that party both in power and number by the stirs in Holland 8. The offence taken by King James at Conradus Vorstius animateth the Oxon. Calvinists to suspend Dr. Houson and to preach publickly against Dr. Laud. 9. The like proceedings at Cambridge against Mr. Simpson first prosecuted by King James and on what account that the King was more incensed against the party of Arminius than against their persuasions 10. Instructions published by King James in order to the diminishing of Calvins Authority the defence of universal Redemption and the suppressing of his Doctrines in the other points and why the last proved so unuseful in the case of Gabriel Bridges 11. The publishing of Mountagues answer to the Gagger the information made against it the Author and his Doctrine taken by King James into his protection and his appeal licensed by the Kings appointment 12. The conclusion of the whole discourse and the submission of it to the Church of England NOw we come unto the Reign of King James of happy memory whose breeding in the kirk of Scotland had given some hopes of seeing better days to the English Puritans than those which they enjoyed under Queen Elizabeth Upon which hopes they presented him at his first coming to the Crown with a supplication no less tedious than it was impertinent given out to be subscribed with a thousand hands though it wanted many of that number and aiming at an alteration in many points both of Doctrine and Discipline But they soon found themselves deceived For first the King commanded by publick Proclamation that the divine service of the Church should be diligently officiated and frequented as in former times under pain of suffering the severest penalties by the Laws provided in that case And that being done instead of giving such a favourable answer to their supplication as they had flattered themselves withal he commended the answering of it to the Vice-Chancellour Heads and other Learned men of the University of Oxon from whom there was nothing to be looked for toward their contentment But being thirdly a just Prince and willing to give satisfaction to the just desires of such as did apply themselves unto him as also to inform himself in all such particulars as were in difference betwixt the Petitioners and the Prelates he appointed a solemn Conference to be held before him at Hampton Court on Thursday the 12th of January Anno 1603. being within less than ten moneths after his entrance on the Kingdom To which Conference were called by several Letters on the Churches part the most Reverend and right renowned Fathers in God Dr. John Whitgift Arch-bishop of Canterbury Dr. Richard Bancroft Bishop of London Dr. Tobie Matthews Bishop of Durham Dr. Thomas Bilson Bishop of Winchester Dr. Gervase Babbinton Bishop of Worchester Dr. Anthony Rudd Bishop of Davids Dr. Anthony Walson Bishop of Chichester Dr. Henry Robbinson Bishop of Carlile and Dr. Thomas Dove Bishop of Peterborough as also Dr. James Mountague Dean of the Chappel Dr. Thomas Ravis Dean of Christ Church Dr. John Bridges Dean of Sarum Dr. Lancelot Andrews Dean of Westminster Dr. John Overald Dean of Saint Pauls Dr. William Barlaw Dean of Chester Dr. Giles Tompson Dean of Windsor together with Dr. Joh King Arch-Deacon of Nottingham and Dr. Richard Field after Dean of Glocester all of them habited and attired according to their several ranks and stations in the Church of England And on the other side there appeared for the Plantiff or Petitioner Dr. Reynolds Dr. Spark Mr. Knewstubs and Mr. Chatterton the two first being of Oxon and the other of Cambridge Con. at H. C. p. 27. apparelled in their Turky Gowns to shew as Bishop Bancroft tartly noted they desired rather to conform themselves in outward Ceremonies with the Turks than they did with the Papists The first day of the Conference being spent betwixt the King and the Bishops the second which was the 16th of the same moneth was given to the Plantiffs to present their grievances and to remonstrate their desires amongst which it was named by Dr. Reynolds Con. at H. C. p. 24. as the mouth of the rest That the nine Assertions Orthodoxal as he termed them concluded upon at Lambeth might be inserted into the Book of Articles which when King James seemed not to understand as having never heard before of those nine Assertions Pag. 40. c. He was informed that by reason of some Controversies arising in Cambridge about certain points of Divinity my Lords Grace
regulated by the three Estates 6. Of what Authority they have been antiently in the Parliaments of Scotland 7. The King of England always accounted heretofore for an absolute Monarch 8. No part of Sovereignty invested legally in the English Parliaments 9. The three Estates assembled in the Parment of England subordinate unto the King not co-ordinate with him 10. The Legislative power of Parliaments is properly and legally in the King alone 11. In what particulars the power of the English Parliament doth consist especially 12. The Kings of England ordinarily over-rule their Parliaments by themselves their Council and their Judges 13. Objections answered touching the power and practice of some former Parliaments and the testimonies given unto them 14. No such Authority given by God in Holy Scripture to any such Popular Magistrates as Calvin dreams of and pretends 15. The Application and Conclusion of the whole discourse I Have been purposely more copious in the former Chapter because I thought it necessary to declare and manifest who made the three Estates in each several Kingdom which are pretended by our Author to have such power of regulating the Authority and censuring the actions and the persons of their Sovereign Princes And this the rather in regard it is thought of late and more than thought presented to the world in some publick writings especially as it relates to the Realm of England that the King the Lords and Commons make the three Estates which brings the King into an equal rank with the other two in reference to the business and affairs of Parliament A fancy by what accident soever it was broached and published which hath no consistence either with truth or ordinary observation or with the practice of this Realm or of any other For the proof of this my position that the King is none of the three Estates as is now pretended if all proofs else should fail I have one from Calvin whose judgment in this point amongst many of us will be instar omnium Calvin instit 4. cap. ult For where he saith in singulis Regnis tres esse Ordines that there are three Estates in each several Kingdom and that these three Estates convened in Parliament or by what other name soever they call their meeting are furnished with a power Regum lididinem moderandi of moderating the licentiousness of Kings and Princes and that they become guilty of perfidious dissimulation si Regibus impotenter grassantibus c. If they connive at Kings when they play the Tyrants or wantonly insult on the common people I trow it cannot be conceived that the King is any one of the three Estates who are here trusted or at least supposed to be intrusted with sufficient power as well to regulate his authority as to control his actions If Calvin be allowed to have common sense and to have wit and words enough to express his meaning as even his greatest Adversaries do confess he had it must be granted that he did not take the King of what Realm soever to be any of the three Estates or if he did he would have thought of other means to restrain his insolencies than by leaving him in his own hands to his own correction Either then Calvin is mistaken in the three Estates and if he be mistaken in designing the men he aims at may he not be mistaken in the power he gives them or else the King is none and indeed can be none of the three Estates qui primarios conventus peragunt who usually convene in Parliament for those ends and purposes before remembred But not to trust to him alone though questionless he be ideoneus testis in the present case Let us behold the Assembly of the three Estates or Conventus Ordinum in France from whence it is conceived that all Assemblies of this kind had their first Original and we shall find a very full description of them in the Assembly des Estats at Bloys under Henry III. Anno 1577. of which thus Thuanus Rex in sublimi loco sub uranisco sedebat Thanus in histor sci temp l. 63. c. The King saith he sate on an high erected Throne under the Canopy of State the Queen-Mother and the Queen his Wife and all the Cardinals Princes Peers upon either hand And then it followeth Transtris infra dispositis ad dextram suam sacri Ordinis Delegati ad laevam Nobilitas infra plebetus ordo sedebat that on some lower forms there sate the Delegates of the Clergy towards the right hand of the King the Nobility towards the left and the Commissioners for the Commons in the space below We may conjecture at the rest by the view of this Of those in Spain by those Conventions of the States which before we spake of at Burgos Monson Toledo and in other places in which the King is always mentioned as a different person who called them and dissolved them as he saw occasion For Scotland it is ordinary in the stile of Parliaments to say the King and the Estates do ordain and constitute for which I do refer you to the Book of Statutes which clearly makes the King to be a different person from the Estates of that Kingdom And as for England Statutes of Scotland besides what may be gathered from the former Chapter we read in the History of Titus Livius touching the Reign and Acts of King Henry V. that when his Funerals were ended the three Estates of the Realm of England did assemble together and declared his Son King Henry VI. being an Infant of eight months old to be their Sovereign Lord Tit. Liv. M. S. in Bibl. Bodl. as his Heir and Successor And in the Parliament Rolls of King Richard III. there is mention of a Bill or Parchment presented to that Prince being then Duke of Glocester on the behalf and in the name of the three Estates of this Realm of England that is to wit of the Lords Spiritual and Temporal and of the Commons by name which forasmuch as neither the said three Estates nor the persons which delivered it on their behalf were then Assembled in form of Parliament was afterwards in the first Parliament of that King by the same three Estates Assembled in this present Parliament I speak the very words of the Act it self and by Authority of the same enrolled Ap. Speed in K. Rich. 3. recorded and approved And at the request and by the assent of three Estates of this Realm that is to say the Lords Spiritual and Temporal and Commons of this Land Assembled in this present Parliament and by Authority of the same it be pronounced decreed and declared that our said Sovereign Lord the King was and is the very and undoubted Heir of this Realm of England 1 Eliz. cap. 3. c. And so it is acknowledged in a Statute of 1 Eliz. cap. 3. where the Lords Spiritual and Temporal and the Commons in that Parliament assembled being said
expresly and in terminis to represent the three Estates of the Realm of England did recognize the Queens Majesty to be their true lawful and undoubted Sovereign Liege Lady and Queen This makes it evident that the King was not accounted in the times before for one of the three Estates of Parliament nor can be so accounted the present times For considering that the Lords and Commons do most confessedly make two of the three Estates and that the Clergy in another Act of Parliament of the said Queens time are confessed to be one of the greatest States of the Realm which Statute being still in force Statut. 8. Eliz. cap. 1. doth clearly make the Clergy to be the third either there must be more than three Estates in this Kingdom which is against the Doctrine of the present times or else the King is none of the Estates as indeed he is not which was the matter to be proved But I spend too much time in confuting that which hath so little ground to stand on more than the dangerous consequences which are covered under it For if the King be granted once to be no more than one of the three Estates how can it choose but follow from so sad a principle that he is of no more power and consideration in the time of Parliament than the House of Peers which sometimes hath consisted of three Lords no more or than the House of Commons only which hath many times consisted of no more than eighty or an hundred Gentlemen but of far less consideration to all intents and purposes in the Law whatever than both the Houses joyned together What else can follow hereupon but that the King must be co-ordinate with his two Honses of Parliament and if co-ordinate then to be over-ruled by their joynt concurrence bound to conform unto their Acts and confirm their Ordinances or upon case of inconformity and non-compliance to see them put in execution against his liking and consent to his foul reproach And what at last will be the issue of this dangerous consequence but that the Lords content themselves to come down to the Commons and the King be no otherwise esteemed of than the chief of the Lords the Princeps Senatus if you will or the Duke of Venice at the best no more which if Sir Edward Dering may be credited as I think he may in this particular seems to have been the main design of some of the most popular and powerful Members then sitting with him for which I do refer the Reader to his book of Speeches Which dangerous consequents whether they were observed at first by these who first ventured on the expression or were improvidently looked over I can hardly say Certain I am it gave too manifest an advantage to the Antimonarchical party in this Kingdom and hardned them in their proceeding against their King whom they were taught to look on and esteem no otherwise than as a Joint-tenant of the Sovereignty with the Lords and Commons And if Kings have partners in the Sovereignty they are then no King such being the nature and Law of Monarchy that si divisionem capiat interitum capiat necesse est Laciant Institut Div. l. 1. c. if it be once divided and the authorities thereof imparted it is soon destroyed Such is the dangerous consequence of this new Expression that it seemeth utterly to deprive the Bishops and in them the Clergy of this Land of all future hopes of being restored again to their place in Parliament For being the Parliament can consist but of three Estates if the King fall so low as to pass for one either the Bishops or the Commons or the Temporal Lords must desert their claim the better to make way for this new pretension and in all probability the Commons being grown so potent and the Nobility so numerous and united in bloud and marriages will not quit their interesse and therefore the poor Clergy must be no Estate because less able as the World now goeth with them to maintain their Title I have often read that Constantine did use to call himself 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Bishop or superintendent of his Bishops Euseb de vita Constant and I have often heard our Lawyers say that the King is the general Ordinary of the Kingdom but never heard nor read till within these few years that ever any King did possess himself of the Bishops place or Vote in Parliament or sat there as the first of the three Estates as anciently the Bishops did to supply their absence By which device whether the Clergy or the King be the greater losers though it be partly seen already future times will shew This Rub removed we next proceed to the examination of that power which by our Author is conferred on the three Estates which we shall find on search and tryal to be very different according to the constitution of the Kingdom in which they are For where the Kings are absolute Monarchs as in England Scotland France and Spain Bod in de Repuô l. 1. c. the three Estates have properly and legally little more Authority than to advise their King as they see occasion to present unto his view their common grievances and to propose such remedies for redress thereof as to them seem meetest to canvass and review such erroneous judgments as formerly have passed in inferiour Courts and finally to consult about and prepare such Laws as are expedient for the publick In other Countreys where the Kings are more conditional and hold their Crowns by compact and agreement between them and their Subjects the reputation and authority of the three Estates is more high and eminent as in Polonia Denmark and some others of the Northern Kingdoms where the Estates lay claim to more than a directive power and think it not enough to advise their King unless they may dispose of the Kingdom also or at least make their King no better than a Royal Slave Thus and no otherwise it is with the German Emperors who are obnoxious to the Laws Thuan. hist sui temp l. 2. and for their Government accomptable to the Estates of the Empire insomuch that if the Princes of the Empire be persuaded in their consciences that he is likely by his mal-administration to destroy the Empire and that he will not hearken to advice and counsel ab Electorum Collegio Caesaria potestate privari potest Anonym Script ap Philip. Paraeum in Append ad Rom. 13. he may be deprived by the Electors and a more fit and able man elected to supply the place And to this purpose in a Constitution made by the Emperor Jodocus about the year 1410. there is a clause that if he or any of his Successors do any thing unto the contrary thereof the Electors and other States of the Empire sine rebellionis vel infidelitatis crimine libertatem babeant Goldast Constit Imperial Tom. 3. p. 424. should be at liberty
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
the Baise-maine which consists of Offerings Churchings Burials Diriges and such other casualties amounteth to as much per annum as their standing rents Upon which ground Sir Edwin Sandys computeth their Revenue at six millions yearly In Italy besides the temporal Estate of the Popes of Rome the Clergy are conceived to have in some places a third part of the whole but in most a moiety In Spain the certain rents of the Archbishoprick of Toledo are said to be no less than 300000 Crowns per annum which is far more than all the Bishops Deans and Prebendaries do possess in England In Germany the Bishops for the most part are powerful Princes and the Canons of some Churches of so fair an Intrado and of such estimation amongst the people that the Emperours have thought it no disparagement to them to have a Canons place in some of their Churches And as for the Parochial Clergy in these three last Countreys especially in Spain and Italy where the people are more superstitious than they be in Germany there is no question but that the Vailes and Casualties are as beneficial to them as the Baise-main is to the French But here perhaps it will be said that this is nothing unto us of the Realm of England who have shook off the superstitions of the Church of Rome and that our pains is spent but to little purpose unless we can make good our Thesis in the Churches Protestant We must therefore cast about again and first beginning with France as before we did we shall find that those of the Reformed party there not only pay their Tithes to the Beneficiary who is presented by the Patron to the Cure or Title or to the Church or Monastery to which the Tithes are settled by Appropriations but over and above do raise a yearly maintenance for those that minister amongst them Just as the Irish Papists pay their Tithes and duties unto the Protestant Incumbent and yet maintain their own Priests too by their gifts and offerings or as the people in some places with us in England do pay their Tithes unto the Parson or Vicar whom the Law sets over them and raise a contribution also for their Lecturer whom they set over themselves In other Countreys where the Supream Governours are Reformed or Protestant the case is somewhat better with the common people although not generally so easie as with us in England For there the Tithes are taken up by the Prince or State and yearly pensions assigned out of them to maintain the Ministers which for the most part are so small and so far short of a Competency though by that name they love to call it that the Subject having paid his Tithes to the Prince or State is fain to add something out of his purse towards the mending of the Stipend Besides there being for the most part in every Church two distinct sorts of Ministers that is to say a Pastor who hath Cure of souls and performs all Ministerial offices in his Congregation and a Doctor like our English Lecturers which took hint from hence who only medleth with the Word The Pastor only hath his Stipend from the publick treasury the Doctor being maintained wholly as I am credibly informed at the charge of the people and that not only by the bounty or benevolence of Landed men but in the way of Contribution from which no sort of people of what rank soever but such as live on Alms or the poor Mans box is to be exempted But this is only in the Churches of Calvins platform those of the Lutheran party in Denmark Swethland and high Germany having their Tithes and Glebe as they had before and so much more in Offerings than with us in England by how much they come nearer to the Church of Rome both in their practice and opinions especially in the point of the holy Sacrament than the English do And as for our dear Brethren of the Kirk of Scotland who cannot be so soon forgotten by a true born English man the Tithes being setled for the most part on Religious houses came in their fall unto the Crown and out of them a third was granted to maintain their Minister but also ill paid while the Tithes remained in the Crown and worse than alienated to the use of private Gentlemen that the greatest part of the burden for support of the Ministry lay in the way of contribution on the backs of the people And as one ill example doth beget another such Lords and Gentlemen as had right to present to Churches following the steps of those who held the Tithes from the Crown soon made Lay-fees of all the Tithes of their own demesnes and left the Presentee such a sorry pittance as made him burthensome to his Neighbours for his better maintenance How it stands with them now since these late alterations those who have took the National Covenant and I presume are well acquainted with the Discipline and estate of the Scottish Kirk which they have bound themselves to defend and keep are better able to resolve us And so much for the proof of the first proposition namely That never any Clergy in in the Church of God hath been or is maintained with less charge of the Subject than the established Clergy of the Church of England And yet the proof hereof will be more convincing if we can bring good evidence for the second also which is II. That there is no man in the Kingdom of England who payeth any thing of his own towards the maintenance and support of his Parish Minister but his Easter-Offering And that is a Paradox indeed will the Reader say Is it not visible to the eye that the Clergy have the tenth part of our Corn and Cattel and of other the increase and fruits of the Earth Do not the people give them the tenth part of their Estates saith one of my Pamphlets Have they not all their livelihoods out of our purses saith another of them Assuredly neither so nor so All that the Clergy doth receive from the purse of the Subject for all the pains he takes amongst them is two pence at Easter He claims no more than this as due unless the custom of the place as I think in some parts it is bring it up to six pence If any thing be given him over this by some bountiful hand he takes it for a favour and is thankful for it Such profits as come in by Marriages Churchings and Funeral-Sermons as they are generally small and but accidental so he is bound unto some special service and attendance for it His constant standing fee which properly may be said to come out of the Subjects Purse for the administration of the Word and Sacraments is nothing but the Easter-offering The Tithes are legally his own not given unto him by the Subject as is now pretended but paid unto him as a Rent-charge laid upon the Land and that before the Subject either Lord or Tenant
darling Doctrine of this present time so is it very eagerly pursued by Buchannan who affirms expresly Quicquid juris populus alicui dederit Buchann de jure Regni idem justis de causis posse reposcere that whatsoever power the people give unto their King or Supream Magistrate they may resume again upon just occasions Their Power they make so small and inconsiderable that they afford them very little even in matters of Temporal and no Authority at all in things Spiritual Calvin professeth for himself that he was very much agrieved to hear that King Henry the eighth had took unto himself the Title of Supream Head of the Church of England accuseth them of inconsiderate zeal nay blasphemy who conferred it on him and though he be content at last to allow Kings a Ministerial power in matters which concern the Reformation of Gods Publick Worship yet he condemns them as before of great inconsiderateness Calvin in Amos cap. 7. Qui facerent eos nimis spirituales who did ascribe unto them any great authority in spiritual matters The designation of all those who bear publick Office in the Church the calling of Councils or Assemblies the Presidency in those Councils Ordaining publick Fasts and appointing Festivals which anciently belonged unto Christian Princes as the chief branches of the Ecclesiastical Jurisdiction which is vested in them are utterly denied to Kings and Princes in their Books of Discipline Insomuch that when the Citizens of Embden did expel their Earl they did it chiefly for this reason Thuan. hist l. 114. Quod se negotiis Ecclesiasticis Consistorialibus praeter jus aequitatem immisceret that he had intermedled more than they thought fit in Ecclesiastical causes and intrenched too much upon their Consistory As for their power in Temporal or civil Causes by that time Knoxes Peers and Buchannans Judges Paraeus his inferiour Magistrates and Calvins popular Officers have performed their parts in keeping them within the compass of the Laws arraigning them for their offences if they should transgress opposing them by force of Arms if any thing be done unto the prejudice of the Church or State and finally in regulating their Authority after the manner of the Spartan Ephori and the Roman Tribunes all that is left will be by much too little for a Royd'Ivitot or for a King of Clouts as we English phrase it Last of all for their persons which God held so sacred that he gave it for a Law to his people Israel not to speak evil of their Princes saying Thou shalt not speak evil of the Ruler of thy people Let us but look upon these men and we shall find the basest attributes too good for the greatest Kings Calvin calls Mary Queen of England by the name of Proserpine Calvin in Amos cap. 7. and saith that she did superare omnes Diabolos that all the Devils of Hell were not half so mischievous Beza affords Queen Mary of Scotland no better Titles than those of Medea and Athaliah Beza in Epist ad Jo. of which the last was most infamous in divine the other no less scandalous in humane stories the one a Sorceress and a Witch the other a Tyrant and Usurper The Author of the Altare Damascenum whosoever he was can find no better attribute for King James of most blessed memory than infensissimus Evangelii hostis Didoclaviuâ— in Epistola ad â—â—ctor the greatest and deadly Enemy of the Gospel of Christ And Queen Elizabeth her self did not scape so clear but that the zealous Brethren were too bold sometimes with her Name and Honour though some of them paid dearly for it and were hanged for their labour How that seditious Hugonot the Author of the lewd and unworthy Dialogue entituled Eusebius Philadelphus hath dealt with three great Princes of the House of France and what reproachful names he gives them I had rather you should look for in the Author than expect from me being loath to wade too far in these dirty puddles save that I shall be bold to add this general Character which Didoclavius gives to all Kings in general viz. Naturâ insitum est in omnibus Regibus Christi odium that all Kings naturally hate Christ which may serve for all This is enough to let us see how irreconcileable an hatred these of the Calvinian faction bear against Kings and Princes how well they play the part of the very Antichrist in exalting themselves against whatsoever is called God and that the special reason why they affect so much to be called the Saints is out of a strong probable hope to see the day in which they shall bind Kings in chains and all the Princes of the earth in fetters of iron Finally such is their disaffection unto sacred Monarchy which they have sucked out of the grounds and principles here laid down by Calvin that we may justly say of them what was most truely said of the ancient Romans quasi nefas esset Regem aliquem prope eorum terminos esse Jâ—stin hist l. 29. they have bestirred themselves so bravely in defiance of the Regal Government as if they did account it an unpardonable sin to suffer any King though most good and gracious to border near them Which lest they should not be of power to compass by their popular Magistrates or by the Judges or the Peers or the People severally which make the main Battel for this Combat let us next look on the Reserve and see what hopes they have to effect the business by the three Estates conjoyned in Parliament or by what other name soever we shall call their meeting which Calvin in the last place doth reflect upon but cautiously with a qua forte or a peradventure as in that before CHAP. V. What are the three Estates in each several Kingdom in which CALVIN speaks and what particularly in the Realm of England 1. Of the division of a People into three Estates and that the Priests or Clergy have been always one 2. The Priests employed in Civil matters and affairs of State by the Egyptians and the Persians the Greeks Gauls and Romans 3. The Priests and Levites exercised in affairs of Civil Government by Gods own appointment 4. The Prelates versed in Civil matters and affairs of State in the best and happiest times of Christianity 5. The Clergy make the third Estate in Germany France Spain and the Northern Kingdoms 6. That antiently in the Saxon times the Ecclesiasticks of this Realm were called to all publick Councils 7. The Prelates an essential fundamental part of the English Parliament 8. Objections answered and that the word Clerus in the Legal notion doth not extend unto the Prelates 9. That the inferior Clergy of the Realm of England had anciently their Votes in Parliament to all intents and purposes as the Commons had 10. Objections answered and that the calling of the Clergy to Parliaments and Convocations were after different maners and by several Writs
without incurring the crimes of Treason or Disloyalty not only to oppose but resist them in it The like to which occurrs for the Realm of Hungary wherein K. Andrew gives Authority to his Bishops Lords Bonfinius de Edict publ p. 37. and other Nobles sine nota alicujus infidelitatis that without any imputation of Disloyalty they may contradict oppose and resist their Kings if they do any thing in violation of some Laws and sanctions In Poland the King takes a solemn Oath at his Coronation to confirm all the Priviledges Rights and Liberties which have been granted to his Subjects of all ranks and Orders by any of his Predecessors and then adds this clause quod si Sacramentum meum violavero incolae Regni nullam nobis obedientiam praestare tenebuntur which if he violates his Subjects shall no longer be obliged to yield him Obedience Which Oath as Bodin well observeth Bodin de Rep. lib. 2. cap. 8. doth savour rather of the condition of the Prince of the Senate than of the Majesty of a King The like may be affirmed of Frederick the first King of Danemark who being called unto that Crown on the ejection of K. Christian the 2d An. 1523. was so conditioned with by the Lords of the Kingdom that at his Coronation or before he was fain to swear that he would put none of the Nobility to death or banishment but by the judgment of the Senate that the great men should have power of life or death over their Tenants and Vassals and that no Appeal should lie from them to the Kings Tribunal nor the King be partaker of the confiscations nec item honores aut imperia privatis daturum Id. ibid. c. nor advance any private person to Commands or Honours but by Authority of his great Council Which Oath being also taken by Frederick the second made Bodinus say that the Kings of Danemark non tam reipsa quam appellatione Reges sunt were only titular Kings but not Kings indeed Which Character he also gives of the King of Bobemia Id. ibid. p. 88. But in an absolute Monarchy the case is otherwise all the prerogatives and rights of Sovereignty being so vested in the Kings person ut nec singulis civibus nec universis fas est c. that it is neither lawful to particular men nor to the whole body of the Subjects generally to call the Prince in question for Life Fame or Fortunes Id. ibid. p. 210. and amongst these he reckoneth the Kingdoms of France Spain England Scotland the Tartars Muscovites omnium pene Africae Asiae imperiorum and of almost all the Kingdoms of Africk and Asia But this we shall the better see by looking over the particulars as they lie before us But first before we come unto those particulars we will look backwards on the condition and Authority of the Jewish Sanbedrim which being instituted and ordained by the Lord himself may serve to be a leading Case in the present business For being that the Jews were the Lords own people and their King honoured with the Title of the Lords Anointed it will be thought that if the Sanhedrim or the great Council of the seventy had any Authority and power over the Kings of Judah of whose jus Regni such a larger description is made by God himself in the first of Sam. cap. 8. the three Estates may reasonably expect the like in these parts of Christendom Now for the Authority of the Sanhedrim it is said by Cardinal Baronius that they had power of Judicature over the Law the Prophets and the Kings themselves Baron Annai Eccl. An. 31. sect 10. Erat horum summa autoritas ut qui de lege cognoscerent Prophetis simul de Regibus judicarent Which false position he confirms by as false an instance affirming in the very next words horum judicio Herodem Regem postulatum esse that King Herod was convented and convicted by them for which he cites Josphus with the like integrity I should have wondred very much what should occasion such a gross mistake in the learned Cardinal had I not shewn before that as he makes the Sanhedrim to rule the King so he hath made the high Priest to rule the Sanhedrim which to what purpose it was done every man can tell who knoweth the Cardinal endeavoureth nothing more in his large Collections than to advance the dignity and supremacy of the Popes of Rom. But for the power pretended to be in the Sanhedrim Id. in Epist dedicator and their proceedings against Herod as their actual King Josephus whom he cites is so far from saying it that he doth expresly say the contrary For as Josephus tells the story Hyrcanus was then King not Herod and Herod of so little hopes to enjoy the Kingdom that he could not possibly pretend any Title to it But having a command in Galilee procured by Antipater his Father of the good King Hyrcanus he had played the wanton Governor amongst them and put some of them to death against Law and Justice For which the Mothers of the slain 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 did often call upon the King and people in the open Temple 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. that Herod might answer for the murther before the Sanhedrim Joseph Antiq. Judic l. 14. cap. 17. Which being granted by the King he was accordingly convented by them and had been questionless condemned had not the King who loved him dearly given him notice of it on whose advertisement he went out of the Town and so escaped the danger This is the substance of that story and this gives no Authority to the Court of Sanhedrim over the persons or the actions of the Kings of Judah Others there are who make them equal to the Kings though not superiour Magnam fuisse Senatus autoritatem Regiae velut parem saith the Learned Grotius Grotius in Matth. cap. 5. v. 22. And for the proof thereof allege those words of Sedechias in the Book of Jeremy who when the Princes of his Realm required of him to put the Prophet to death Jerem. 38.5 returned this Answer Behold he is in your hand Rex enim contra vos nihil potest for the King is not he that can do any thing against you Which words are also cited by Mr. Prynne to prove that the King of England hath no Negative Voice but by neither rightly For Calvin who as one observeth composed his Expositions on the book of God according to the Doctrine of his Institutions would not have lost so fair an evidence for the advancing of the power of his three Estates Prynne of Parl. pt 2. p. 73. Hookers Preface had he conceived he could have made it serviceable to his end and purpose But he upon the contrary finds fault with them who do so expound it or think the King did speak so honourably of his Princes ac si nihil iis sit
name of Sunday often used for the Lords day by the primitive Christians but the Sabbath never Page 422 CHAP. III. That in the fourth Age from the time of Constantine to Saint Austine the Lords day was not taken for a Sabbath day 1. The Lords day first established by the Emperour Constantine Page 423 2. What labours were permitted and what restrained on the Lords day by this Emperours Edict Page 424 3. Of other Holy days and Saints days instituted in the time of Constantine Page 425 4. That weekly other days particularly the Wednesday and the Friday were in this Age and those before appointed for the meetings of the Congregation ibid. 5. The Saturday as highly honoured in the Eastern Churches as the Lords day was Page 426 6. The Fathers of the Eastern Churches cry down the Jewish Sabbath though they held the Saturday Page 427 7. The Lords day not spent wholly in Religious exercises and what was done with that part of it which was left at large Page 428 8. The Lords day in this Age a day of Feasting and that it hath been always deemed Heretical to hold Fasts thereon Page 429 9. Of Recreation on the Lords day and of what kind those Dancings were against the which the Fathers enveigh so sharply Page 430 10. Other Imperial Edicts about the keeping of the Lords day and the other Holy-days Page 432 11. The Orders at this time in use on the Lords day and other days of publick meeting in the Congregation Page 433 12. The infinite differences between the Lords day and the Sabbath Page 434 CHAP. IV. The great improvement of the Lords day in the fifth and sixth Ages make it not a Sabbath 1. In what estate the Lords day stood in S. Austins time Page 435 2. Stage plays and publick Shews prohibited on the Lords day and the other Holy days by Imperial Edicts Page 437 3. The base and beastly nature of the Stage-plays at those times in use Page 438 4. The barbarous bloody quality of the Spectacula or Shews at this time prohibited ibid. 5. Neither all civil business nor all kind of pleasure restrained on the Lords day by the Emperour Leo as some give it out The so much cited Canon of the Council of Mascon proves no Lords day Sabbath Page 440 6. The French and Spaniards in the sixth Age begin to Judaize about the Lords day and of restraint of Husbandry on that day in that Age first thought of Page 441 7. The so much cited Canon of the Council of Mascon proves no Lords day Sabbath Page 442 8. Of publick honours done in these Ages to the Lords day by Prince and Prelate Page 443 9. No Evening Service on the Lords day till these present Ages Page 444 10. Of publick Orders now Established for the better regulating of the Lords Day-meetings Page 445 11. All Business and Recreation not by Law prohibited are in themselves as lawful on the Lords day as on any other ibid. CHAP. V. That in the next six hundred years from Pope Gregory forwards the Lords day was not reckoned of as of a Sabbath 1. Pope Gregories care to set the Lords day free from some Jewish rigours at that time obtruded on the Church Page 447 2. Strange fancies taken up by some about the Lords day in these darker Ages ibid. 3. Scriptures and Miracles in these times found out to justifie the keeping of the Lords day Holy Page 448 4. That in the judgment of the most Learned in these six Ages the Lords day hath no other ground than the Authority of the Church Page 449 5. With how much difficulty the People of these times were barred from following their Husbandry and Law-days on the Lords day Page 450 6. Hüsbandry not restrained on the Lords day in the Eastern Parts until the time of Leo Philosophus Page 451 7. Markets and Handicrasts restrained with no less opposition than the Plough and Pleading Page 452 8. Several casus reservati in the Laws themselves wherein men were permitted to attend those businesses on the Lords day which the Laws restrained Page 453 9. Of divers great and publick actions done in these Ages on the Lords day Page 454 10. Dancing and other sports no otherwise prohibited on the Lords day than as they were an hinderance to Gods publick Service Page 455 11. The other Holy-days as much esteemed of and observed as the Lords day was Page 456 12. The publick hallowing of the Lords day and the other Holy-days in these present Ages Page 457 13. No Sabbath all these Ages heard of either on Saturday or Sunday and how it stood with Saturday in the Eastern Churches Page 458 CHAP. VI. What is the judgment of the School-men and of the Protestants and what the practice of those Churches in this Lords day business 1. That in the judgment of the School-men the keeping of one day in seven is not the moral part of the fourth Commandment Page 640 2. As also that the Lords day is not founded on Divine Authority but the Authority of the Church Page 461 3. A Catalogue of the Holy-days drawn up in the Council of Lyons and the new Doctrine of the Schools touching the native sanctity of the Holy-days Page 462 4. In what estate the Lords day stood in matter of restraint from labour at the Reformation Page 463 5. The Reformators find great fault both with the said new doctrine and restraints from labour Page 464 6. That in the judgment of the Protestant Divines the keeping of one day in seven is not the moral part of the fourth Commandment Page 465 7. As that the Lords day hath no other ground on which to stand than the Authority of the Church Page 466 8. And that the Church hath power to change the day and to transfer it to some other Page 467 9. What is the practice of all Churches the Roman Lutheran and Calvinian chiefly in matter of Devotion rest from labour and sufferance of lawful pleasures Page 468 10. Dancing cryed down by Calvin and the French Churches not in relation to the Lords day but the sport it self Page 470 11. In what estate the Lords day stands in the Eastern Churches and that the Saturday is no less esteemed of by the Ethiopians than the said Lords day Page 471 CHAP. VII In what estate the Lords day stood in this Isle of Britain from the first planting of Religion to the Reformation 1. What doth occur about the Lords day and the other Festivals amongst the Churches of the Brittans Page 472 2. Of the estate of the Lords day and the other Holy days in the Saxon Heptarchie Page 473 3. The honours done unto the Sunday and the other Holy-days by the Saxon Monarchs Page 474 4. Of the publick actions Civil Ecclesiastical mixt and Military done on the Lords day under the first six Norman Kings Page 476 5. New Sabbath doctrines broached in England in King Johns Reign and the miraculous original of the same
Page 477 6. The prosecution of the former story and ill success therein of the undertakers ibid. 7. Restraint of worldly business on the Lords day and the other Holy-days admitted in those times in Scotland Page 478 8. Restraint of certain servile works on Sundays Holy-days and the Wakes concluded in the Council of Oxon under Henry III. ibid. 9. Husbandry and Legal process prohibited on the Lords day first in the Reign of Edward III. Page 479 10. Selling of Wools on the Lords day and the solemn Feasts forbidden first by the said King Edward as after Fairs and Markets generally by King Henry VI. Page 480 11. The Cordwainers of London restrained from selling their Wares on the Lords day and some other Festivals by King Edward IV. and the repealing of that Act by King Henry VIII Page 481 12. In what estate the Lords day stood both for the doctrine and the practice in the beginning of the Reign of the said King Henry ibid. CHAP. VIII The story of the Lords day from the Reformation of Religion in this Kingdom till this present time 1. The doctrine of the Sabbath and the Lords day delivered by three several Martyrs conformably to the judgment of the Protestants before remembred Page 483 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 Page 484 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 Page 485 4. That by the Queens Injunctions and the first Parliament of her Reign the Lords day was not meant for a Sabbath day Page 486 5. The doctrine in the Homilies delivered about the Lords day and the Sabbath ibid. 6. The sum and substance of that Homily and that it makes not any thing for a Lords day Sabbath Page 487 7. The first original of the New Sabbath Speculations in this Church of England by whom and for what cause invented Page 489 8. Strange and most monstrous Paradoxes preached on occasion of the former doctrines and of the other effects thereof Page 490 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 Page 491 10. The Jewish Sabbath set on foot and of King James his Declaration about Lawful sports on the Lords day Page 493 11. What Tracts were writ and published in that Princes time in opposition to the doctrines before remembred ibid. 12. In what estate the Lords day and the other Holy-days have stood in Scotland since the Reformation of Religion in that Kingdom Page 494 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 Page 496 14. An exortation to obedience unto his Majesties most Christian purpose concludes this History Page 497 Historia Quinqu-Articularis Or a Declaration of the Judgment of the Western Churches and more particularly of the Church of England in the five Controverted Points c. CHAP. I. The several Heresies of those who make God to be the Author of Sin or attribute too much to the Natural freedom of Man's Will in the Works of Piety 1. God affirmed by Florinus to be the Author of sin the Blasphemy encountred by Irenaeus and the foul Consequents thereof Page 505 2. Revived in the last Ages by the Libertines said by the Papists to proceed from the Schools of Calvin and by the Calvinists to proceed from the Schools of Rome Page 506 3. Disguised by the Maniches in another dress and the necessity thereby imposed on the Wills of men ibid. 4. The like by Bardesanes and the Priscilianists the dangerous consequents thereof exemplified out of Homer and the words of St. Augustine Page 507 5. The Error of the Maniches touching the servitude of the Will revived by Luther and continued by the rigid Lutherans ibid. 6. As those of Bardesanes and Priscilian by that of Calvin touching the Absolute Decree the dangers which lie hidden under the Decree and the incompatibleness thereof with Christs coming to Judgment ibid. 7. The large expressions of the Ancient Fathers touching the freedom of the Will abused by Pelagius and his followers Page 508 8. The Heresie of Pelagius in what it did consist especially as to this particular and the dangers of it ibid. 9. The Pelagian Heresie condemned and recalled the temper of S. Augustine touching the freedom of the Will in spiritual matters ibid. 10. Pelagianism falsly charged on the Moderate Lutherans How far all parties do agree about the freedom of the Will and in what they differ Page 509 CHAP. II. Of the Debates amongst the Divines in the Council of Trent touching Predestination and Original Sin 1. The Articles drawn from the Writings of the Zuinglians touching Predestination and Reprobation Page 510 2. The Doctrine of Predestination according to the Dominican way ibid. 3. As also the old Franciscans with Reasons for their own and against the other Page 511 4. The Historians judgment interposed between the Parties ibid. 5. The middle way of Catarinus to compose the differences ibid. 6. The newness of St. Augustines Opinion and the dislike thereof by the most Learned men in the Ages following Page 512 7. The perplexities amongst the Theologues touching the absoluteness of the Decrees ibid. 8. The judgment of the said Divines touching the possibility of falling from Grace ibid. 9. The Debates about the nature and transmitting of Original Sin ibid. 10. The Doctrine of the Council in it Page 513 CHAP. III. The like Debates about Free-will with the Conclusions of the Council in the five Controverted Points 1. The Articles against the Freedom of the Will extracted out of Luther's Writings Page 314 2. The exclamation of the Divines against Luther's Doctrine in the Point and the absurdities thereof ibid. 3. The several judgments of Marinarus Catarinus and Andreas Vega ibid. 4. The different judgment of the Dominicans and Franciscans whether it lay in mans power to believe or not to believe and whether the freedom of the Will were lost in Adam ibid. 5. As also of the Point of the co-operation of mans Will with the Grace of God Page 515 6. The opinion of Frier Catanca in the point of irresistibility ibid. 7. Faintly maintained by Soto a Dominican Fryer and more cordially approved by others but in time rejected ibid. 8. The great care taken by the Legates in having the Articles so framed as to please all parties Page 516 9. The Doctrine of the Council in the five Controverted Points ibid. 10. A Transition from the Council of Trent to the Protestant and Reformed Churches Page 517 CHAP. IV. The judgment of the Lutherans and Calvinians in these five Points with some Objections made against the Conclusions of the Council of Dort 1. No difference in Five Points betwixt the