Object whereof one contradicts himself is not a sufficient 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a firm footing to stand upon to shake not the earth onely but heaven also Bracton writing in Henry the third his time fol. 34. A. when the Barâ—ns had raised a Militia against the King saith indeed Rex habet superiorem Deum scilicet item legem per quà m factus est Rex item curiam suam viz. Comites Barones c. That the King hath a Superior namely God also the Law whereby he was made King also his Court to wit the Earls and Barons The like sentence verbatim almost is cited out of * lib. 1. c. 17. de justitiariis substituendis Declar. L. L. Com. Nov. 2. 1642. pag. 22. Fleta that the King had in populâ— regendo superiores legem per quam f ctus est curiam suam viz. Comites Barones c. But the former place in Bracton and so in Fleta is not meant of the Court of Parliament for there 's no mention of the Commons but it follows in the same place debent ei fraenum imponere they ought to bridle him Dr. Fearns's Conscience satisfied sect 4. pag. 17. 1248. It is likely he spake this in favour of the Militia raised against Henry the third for then he wrote and might call that Assembly of Earls and Barons then combined against the King Curiam the higher Court or Counsel But he contradicts this else-where not onely in that sentence Rex in regno parem habere non debet cum par in parem non habeat potestatem multò fortiùs non habeat superiorem That the King in his Kingdom ought to have no equal because one equal can have no power over another much less should he have any superior But also by other sentences quoted out of him above Somewhat perhaps like Cicero sometime with Pompey sometime for Cesar as not a few have been in our time Another also is cited who saith 2. Fortescue fol. 25. â— By the fuller answer to Dr. Fearn pag. 3. Ad hanc potestatem a pâ—pulo effluxam ipse habet quo non licet ei potestate aliâ populo suo dominari That the King by having this power flowing from the people is obliged so that it is not lawful for him to rule over them by any other authority Answ 1 But this assertion being back'd with no antient record or custom nor with any judged case or Act of Parliament yea contrary to the known process and practise of the Law and Acts of Parliament and general sentences of Lawyers cannot satisfie especially if we consider that if such power had flowen from the people yet as the King observes it doth not follow that it must therefore return unto them 2. Answer to the Remonstr of May 26. 1642. pag. 10. at least when and in what manner they will As in the case of the power of the Husband which first did flow unto him from the Wife but may not be resumed without breach of wedlock 3. 24 H. 8. c. 12. and that also adjudged lawfully The Law is otherwise which teacheth us That this Realm of England hath been accepted for an Empire governed by one supream Head unto whom a body politick compact of all sorts and degrees of people of the Spiritualty and Temporalty are bound to bear next unto God a natural obedience And that by the Law of nature and of the Land we owe Allegiance as we saw above Now this is not answered Reply to Dr. Ferm's answer sect 3. pag. 18. by saying ' By the preamble of the Statute it appears so to be made to prevent appeals to Rome and that by the supreme Head is meant such a one as is able to do all needful acts of justice which the King in his natural capacity cannot do and therefore must be understood in his politick capacity which takes in Law and Parliament For the whole body politick whether Parliament or People are governed and made subâ—ect to this Supreme Head and do owe unto him natural obedience And accordingly in His not in the Houses of Parliament's name though sitting do all judgments and executions of Law proceed The authority then of the two Houses of Parliament is the authority of the Body not of the Head by which even it also must be governed and against which it may not oppose it self 1 Tim. 2. For as he said I permit not a woman to usurp authority over the man but to live in subjection holds betwixt the political Spouse and Husband also I have done with the third 4. Case of Necessity To the fourth Motive the case of Necessity We must here note Thesin Hypothesin the general and the particular state of the Question 1. In Thesi and in general 'T is true Pleaders for Regal power do acknowledge that there may indeed fall out some cases wherein such designments may be warrantable As first Abbot de Anti-Ch cap. 7. n. 5. 6. in general when per patrias leges licere judicarunt Hîc verò politica res agitur Quid principi juris in subditos per leges cujusque reipublicae fundatrices permissum sit c. When they might judge that it was lawful by the Laws of their Country Now here the Question is civil and political namely What power is given to the Prince over his subjects by the fundamental Laws of each Common-wealth c. saith the Bishop of Salisbury Here Law is made the bottom in general but that Law must be produced that may be known In particular two or three cases are alleadg'd wherein onely it is found allowable Non alias igitur populo in eum potestas est Gull Barcla contr Monarchom lib. 3. prope sin quà m si id committat propter quod ipso jure Rex esse desinat Tunc enim quia se ipse principatu exuit atque in privatis constituit liber hoc modo populus superior efficitur reverso ad illum scilicet jure illo quod ante regem inauguratum in interregno habuit duo tantum commissa invenio duos inquam casus Horum unus est si regnum Rempublicam evertere conetur hoc est Aurel. Victor de Caesarib Sueton. cap. 49. cap. 30. si id ei propositum eaque intentio fuerit ut regnum disperdat quemadmodum de Nerone fertur de Caligula Talia cum Rex aliquis meditatur molitur serio omnem regnandi curam animum illico abjicit ac proinde imperium in subditos amittit ut * l. 1. ult D. pro. derelict dominus servi pro derelicto habiti dominium Alter casus est si Rex in alicujus clientelam se contulerit ac regnum quòd liberum à majoribus populo traditum accepit alienae ditioni mancipaverit c. And instanceth in Baliol King of Scots that subjected his Crown and Kingdom to Edward the first of England then
of that body and government which is that every member and state of it is to act together with the rest For the person now excluded may perhaps afterward by power or policy get the power to him and then exercise that arbitrary power on the other and the people without the tother Now apply this If the two Houses supposing them to be such have power to impose Oaths under penalties upon the people then hath the King and Lords without the Commons and the King and Commons without the Lords By which it appeareth that voluntary taking of such an Oath doth betray the Prerogative of the King the priviledge of Parliam and the liberty of the people Seeing two powers if coordinate cannot countervene what is done and established for Law by all much less where one is Supreme to the other two So that the former Oaths and Protestations engaging for the maintenance of the Kings Prerogative the priviledges of Parliam and the liberties of the Subject makes this Oath and Covenant come clearly within the Verge of Perjury so far as I can understand as well as Treachery to all the three premised interests Yea and is expresly against the great Charter which provides 9 H. 3. Magna Charta Jud. Jenk Vindic. pag. 6. Aquin. 2.2 Q. 104. Art 6. ad tertium that no Act of Parliament binds the Subjects of this Land without the assent of the King either for person lands goods or fame To conclude this argument from the power imposing it Principes si non habent justum Principatum sed usurpatum vel si injusta praecipiant non tenentur eis subdita obedire nisi fortè per accidens propter vitandum scandalum vel periculum Governours if they have not a lawful power but an usurped one or if they command unrighteous things the people are not bound unto obedience unless perhaps by accident for the avoiding of scandal or of danger saith Aquinas The former part of which cases hath been evidenced here the latter shall be proved in the next Thirdly 3. Arg. Prouâ— the matter of the Covenant 1. Doubtful From the matter of this Oath and Covenant And first the doubtfulness of it not to insist upon that clause of swearing to preserve the Religion of the Church of Scotland in Doctrine Worship Discipline and Government whereas very few do understand what these are in Scotland and so swear to they know not what For it may be there are errors in their Doctrine Superstition in their Worship defect or tyranny in their Government for ought many know which if so they sweâ—l here to preserve them so it be against the common enemy The same might be said for the priviledge of the Parliam both theirs and ours and liberties of the Kingdoms Secondly the equivocation of it For this I shall insist only on that clause in the same first Article According to the Word of God and example of the best Reformed Churches For it intends either that Scotlands Reform is according to the Word of God and the example of the best Reformed Churches or is it self such an example But Englands not 2. Equivocation Now to colour this it equivocally put in that clause as representing that they meant only according to the Word of God For proof of this When the Covenant was first published and began to be pressed my self having with many others doubt that the intention was to oblige us to the Discipline and Government of Scotland I addressed my self to two persons most eminent in their several relations Mr. Th. G. Mr. Al. Henders and as I thought best able to resolve me The former acknowledged that his own scruples were the same with mine but that he had given himself up unto the Protestant Religion and thereupon had taken it The other told me that they did not particularly engage unto any Discipline or Government but according to the Word of God as it was in the Covenant with this gilding the pill went down But soon after the Scotish Government c. was pressed by vertue of the Covenant which made me then or since reflect on that of the Apostle whatsoever is not of faith Rom. 14. ult that is of a mans own perswasion some way is sin According to that of one of the Rabbins Although thou hast six hundred advisers Apud Drusium in Proverb Rabb yet neglect not the counsel of thine own soul And that of our late Soveraign to His Majesty that now is Never saith he repose so much upon any mans single counsel Icon Basilic M. dit 27. fidelity and discretion in managing affairs of the first magnitude that is matters of Religion and Justice as to create in your self or others a diffidence of your own judgment which is likely to be alwaies more constant and impartial to the interest of Your Crown and Kingdoms than any mans And a grave Divine Dr. Sibbs Souls Conflâ—ct cap. 17. pag. edit 1. 366. and good Casuist of our own hath in giving direction for light in difficult cases this expression Where we have cause to think that we have used better means in the search of grounds and are more free from partial affections than others there we may use our own advice more safely otherwise what we do by consent from others is more secure c. Not amiss therefore did he complain that Sym. Grynaeus Ep. ded ante novum orbem Basil 1555. plerique mortales animi sui naturam ingenium parvipendentes c. est enim sapientis solius Spiritum Dei in se invenisse Most men are ignorant of and do undervalue their own endowments and judgments because it is the part only of a wise man to find the mind of the Spirit of God which is in him and what he prompts us to 3. Injuriousness to the Church of England A third evil in the matter of the Covenant is its injuriousness unto the Church of England and that in three respects First in regard of its honour It being not only the Mistress Kingdom to that of Scotland this being a feudatory of it and the Kings of England having a just title thereunto as amongst others Nic. Nich. Bodrugan alias Adams of the King of Engl. title to the Crown of Scotland Lond. 1546. Though denyed by Will. Barclay Contr. Monarcbomach Bodrugan proves unto Edward the sixt But also is the elder sister and perhaps in some sort a mother to it in Christ As having been in the Faith before it And not only receiving it first but sealing it with ten bloods of its Martyrs to one in Scotland so far as I have learned But now as it seems being old must step as the younger sister or daughter shall please to lead it Secondly it eminently injureth the Ch. of England in respect of truth of Doctrine Worship Government and Discipline insinuating plainly that it is rotten in the head and foundation of Doctrine in the heart and life
Christian Churches asserted in Answer to Mr. Hudson I may add this caution That for substance they are both of them Orthodox and useful and such in the composing whereof industry was used somewhat more than ordinary A few passages at the latter end of the Sermon in reference of the defence of the War against the King I do here retract And though I suppose I have evinced in the other Tractate that there is no Catholick or universal visible Governing Church and so laid ground for the Independency of the Church of England and other National Christian Churches yet that new practised Independency beginning at Separation and collecting themselves thence into small bodies and afterward assuming a right of non-subjection to any Juridical Superior Power Ecclesiastical I do also recal by these presents and retract CHAP. IV. The Causes of the Authors falling and first the Negative and such as were not AS in the Creation Gen. 1. Negations did precede the formation of things darkness before light and emptiness before repletion And as in Procreation privation goeth before So the Apostle writing to the Churches 1 Thess 2.3 begins at Negatives and what were not the causes of his preaching Our exhortation saith he was not of deceit nor guile Give me leave therefore to imitate both Nature and Religion here and to represent what were not the motives of my falling Lest any man should think that corrupt designments either in respect of persons or of things have tempted me And first for persons both those I have departed from as also those I now adhere unto No personal offence at the one or flattering notion of the other have at all provok'd me Neither despair of gaining by those now gone nor hope of vintage by these rising Luminaries do attract or draw me For I do not now begin my Retractations having then published them as we saw above when neither clowd from heaven nor vapour from the earth did seem to promise any shower of blessing When neither Sun nor Moon nor Star appeared but all hope that we should be saved was even vanished Sect. 1. Neither distaste of nor affection unto persons And first for persons To which I shall the rather speak because there is danger of falling into Scylla whilst we would avoid Charybdis and that a * Matth. 23.18 Proselyte may by Pharisaism and hypocrisie become two-fold more the child of hell than he was by profaneness Therefore that I may not seem to commit the same error against some now that was admitted against others before I shall represent my spirit and opinion touching persons of the side I have deserted and then of those whom in these cases I return unto Matth. 5. 1 Pet. 2.17 Gal. 6. First We are obliged to love and honor all men though especially the houshold of faith St. Austin not onely styles the persons he wrote against or had departed from sometimes * Dominis praedicalibus dilectissimis fratribus medaurensib ep 42. Dilectâ—ssimo fratri vinientio epist 48. honored or reverend or beloved brethren but also expresses his ' spirit toward them which I desire may be mine also in reference unto those I have now reflected on Illi in vos saeviant qui nesciunt cum quo labore verum inveniatur quam difficile caveantur errores Illi in vos saeviant qui nesciunt quà m rarum arduum sit carnalia phantasmata piae mentis serenitare superare Illi in vos saeviant qui nesciunt cum quantâ difficultate sanatur oculus interioris hominis ut possit intueri solem Illi in vos saeviant qui nesciunt quibus suspiriis gemitibus fiat ut ex quantacunque parte possit intelligi Deus Aug. contr epist q. voc Fundam cap. 2. Pastrento illi in vos saeviant qui nullo tali errore decepti sunt quali vos deceptos vident Ego saevire in vos omnino non possunt quos sicut meipsum illo tempore ita nunc debeo sustinere tanta patientiâ vobiscum agere quantae mecum egerunt proximi mei cum in vestro dogmate caecus errarem Let them saith he rage against you who do not know with what labour truth is found 1. The difficulty of Truth and how difficult it is to avoid errors Let them rage against you who know not how rare and hard a thing it is to scatter fleshly fancies by the light of a pious heart Let them rage against you who understand not how choice a thing it is so to cure the eye of the inward man that it may be able to behold the Sun Let them rage against you who know not with what sighs and groans it is effected that even the back-parts of God may be known Lastly Let them rage against you who have not been deceived with any such error as they see you to be deceived with For my self I can by no means be violent against you he means their persons and the persons of those that were not turbulent whom I ought now to bear as I did then my self and to deal with you in the same degree of patience that my friends did with me when I blindly wandred in your opinions 2. Besides the persons and worth of some 2. The worth and unworthiness of persons on both sides R. Hooker presat ad Pol. Eccles n. 2. from whom I now decline challengeth all due respect and some of those whom I now adhere unto as little We should be injurious to vertue it self saith Mr. Hooker if we did derogate from them whom their industry hath made great Bucer acknowledgeth both the usefulness of the labours even of the very Heathens toward Religion and highly predicates the Religion and piety of some of them Neminem verò offendat Bucer in Joh. 4.31 c. quòd Philosophorum laborem profuisse ad Evangelium puto omnis enim veritas à Deo est veritas sanè plurima in scriptis Philosophorum Poetarum legitur Jam quantulumcumque id fuerit quod de veritate Philosophi tradiderunt ad Deum certè animos hominum attraxerunt eosque ad Evangelium praepararunt sed quid opus est verbis Qui vel non in Cicerone Cicero miram Dei solidaeque pietatis cognitionem agnoscit eum necesse est ignorare quid sit Deus pietas Let no man saith he be offended that I judge the labours of the Philosophers to have been useful unto the Gospel for all truth is of God and verily there are many truths in the writings of the Philosophers and of the Poets Now how little soever it were of truth that they delivered surely it drew the minds of men unto God and by that did prepare them unto the Gospel But what need words he that doth not acknowledge even in Cicero a wonderful knowledge of God and of sound he meaneth serious not saving piety it must needs be that he knoweth neither what God nor piety
lost the Revenues of a good part of a Bishoprick as 't is said which he had purchased And it may be others of these Brethren are ejected as they had ejected others For these times are like those Ruffin Hist eccl l. 1. c. 21. Ea tempestate foeda facies ecclesiae admodum turpis erat non enim sicut prius ab externis sed à propriis vastabatur Fugabat alius alius fugabatur uterque de ecclesia erat praevaricatio erat lapsus ruina multorum Similis poena sed impar victoria similiter cruciabantur sed non similiter gloriabantur quia dolebat ecclesia etiam illius casum qui impellebat ad lapsum At that time the face of the Church was foul and uncomely indeed for not now as formerly the Church was destroyed by enemies but by her own One is driven the other drives him away and both of them of the Church Offences and falls and ruines there were of many All were like sufferers but not all like conquerors All were tortured alike but all could not glory alike for the Church did lament even his fall that forced another to miscarrry saith the Historian But to leave the men and to come unto the matter 3. Their matter The premises are not established they say because there is Addition Detraction and Alterations made in them since the Originals and first establishment For Answer Object 1 Addit Substract Alterat Answ we may note here a twofold distinction 1. Of persons private or publick 2. Of things lighter or more material to apply these If the Alterations Additions or Detractions alledged be done by private hands and in things of lesser moment Misprisions in lesser things by private hands the main continuing unviolate It would be better thought on whether such a misprision be it casu or consilio unwittingly or willingly ought to invalid a publick act For then perhaps neither the Brethren have an authentick Bible nor any Lawyer a true Statute-Book because there are many faults do happen by the pen and by the press which may have happened in the things we speak of But secondly if such alterations In more material ones and by publick persons c. be made by publick persons or in things material it must be considered what powers the Laws do give unto them in these affairs now it is certain and the Brethren acknowledge it that until 17 Carol. 11. The King had freedome by Law to appoint under his Broad Seal Commissioners for Causes Ecclesiastical Reasons for Reform p. 51. to amend whatsoever might be reformable in the Church And in the Act for uniformity of Common-Prayer Act for uniformity of Com. Prayer at the end of it it is granted unto the Queen that if there shall happen any irreverence in the service of God by the mis-using the orders appointed in the Common-Prayer-Book she may by her Commissioners or by the advice of the Metropolitan ordain further rites or ceremonies for the advancement of the glory of God c. Several Acts in K. Hen. 8. Edw. 6. Q Eliz particulaâ—ly that of 1 Eliz. cap. 1. Necessit of Reform p. 50. Now by this and other particular Acts that restored all Ecclesiastical power from the Pope unto the Crown And particularly by the Act of 1 Eliz. cap. 1. wherein having first united and annexed all Spiritual and Ecclesiastical jurisdiction to the Imperial Crown of this Kingdom they are the words of the Brethren it addeth what power shall be given by commission under the Great Seal to exercise the same in this following clause viz. And that your Highness your Heirs and Successors Kings or Queens of this Realm shall have full power and authority by vertue of this Act by Letters Patents under the Great Seal of England to assign name and authorise when and as often as your Highness your Heirs and Successors shall think meet and convenient and for such and so long time as shall please your Highness your Heirs or Successors such person or persons being natural born Subjects to your Highness your Heirs or Successors as your Majesty your Heirs or Successors shall think meet to exercise and use occupy and execute under your Highness your Heirs and Successors all manner of jurisdictions priviledges and preheminencies in any wise touching or concerning any spiritual or ecclesiastical jurisdiction within these your Realms of England and Ireland or any other your Highness Dominions and Countries And to visit reform redress order correct and amend all such errors heresies schismes abuses offences contempts and enormities whatsoever which by any manner spiritual or ecclesiastical power authority or jurisdiction can or may lawfully be reformed ordered redressed corrected restrained or amended to the pleasure of Almighty God the increase of vertue and the conservation of peace and unity of this Realm Now howsoever the Brethren would make this Act void after the Act of 17 Car. 1. of which anon yet the things we speak of being transacted before remain in force by vertue of that Act. And certain it is that not only the Kings themselves but the Parliaments also the Judges the Ministry have always thought that by the King some alterations might be made by vertue of these Acts without violation of Law provided nothing were done contrary to any thing in the Book contained Preface to the Com. Prayeâ— Book especially when the King shall be supplicated by his people thereunto Hence the King in his Proclamation for the Authorizing of the Book of Common-Prayer by occasion of the Conference at Hampton Court which having reflected on saith Kings Proclamat for establishing the Book of Com. Prayer And for that purpose namely to satisfie the scruples of some tender consciences gave forth Our Commission under Our Great Seal of England to the Arch-Bishop of Canterbury and others according to the form which the LAWS of this Realm in like case prescribe to be used to make the said EXPLANATION c. And it is also certain that the same not only Kings successively but also Parliaments and Judges with all the other Magistracy have taken all the premises viz. The Doctrine or Articles of Religion the Worship or Common-Prayer-Book The Discipline and Government to be established by Law Or else how will the Brethren or how can any other free the Kings from Arbitrary Government the Parliaments from betraying the publick liberties the Judges from perjury and perverting Law and other Magistrates from oppressing of the people if men have been punished for disobedience to these if not established by Law But surely we may more safely confide in the judgment of so many Acts of Parliament and Laws of so many Princes By divers Ministers of sundry Counties so in the title K. Ja. Instructions to Preachers 1622. Artic. 4. Parliaments Judges Magistrates then in the conjectures of certain Country or County Ministers what is Law The rather because this being a Prerogative Ecclesiastical
to the judgment of these Brethren that the Q. and these Parl. then were in matter of the greatest moment the establishing of the Doctrine and Worship Articles and Liturgy of Almighty God and means of the salvation of men either so ignorant that they understood not what was requisite to the full establishment of their own Acts or so negligent that they minded it not as they should And seeing all the Kings and Parliaments since have swallowed their error As also all the Judges of the Land who do not only sit in Parliam to give advice but also have judged in their several Circuits the violations of those Books And because the present and future Parliaments may be subject to the like miscarriages may it be prevented in a better way then by the Parliam restoring to the Clergy the liberty of being elected Burgesses lost as I take it but in Henry the 8 th his time and so the Brethren may obtain places in the House of Commons and the Parliament enjoy the benefit of their guidance 2. To their instances particular in their printed sheet of alterations in the first printed book of Queen Elizabeth from that of Edward 6. viz. certain Saints days in the Kalender 1 Saints days but in black letters instead of others that were named in that of Edw. 6. Secondly certain Lessons of the Apocrypha appointed to be read instead of some out of the Canonical Scripture which were before appointed in the book of Edw. 6. For answer to both these first in general we have heard above to which I refer the reader Next in particular to that of the Saints days it doth not seem to hazzard the bringing in of new Holy-days both because as the brethren acknowledge they are set down in black letters those to be kept Holy-days in red but especially because the number of Holy-days is stinted they are set down by name in the Liturgy and a prohibition of any other to be kept so that as long as the book remains as now it is there can be no peril of that It may be the change of names was because the days now put in might be days of payment of mony or days of Law or perhaps unworthy persons names put out and better put in their room as Mr. Fox did in that Kalender of his Martyrology But this whatsoever it be makes no alteration in the Service or in the reading Yea but the alteration of the Chapters does 2. Apocryphal chapters To that therefore I say that this alteration was done either casu and by chance or consilio and of purpose And then either by privat hands or by publick authority by the Queen or Commissioners from her according to the clause in this Act authorising her for explanations In all which respects I refer unto the general answer afore-going But more particularly They might be altered upon some such suggestions as was made afterward by the Brethrens Ancestors modestly at the Conference of Hampton-Court of which afterwards To the Second 2. Book of Common-prayer aâ— it now stands established The book of Common-prayer as it now stands as established which the Brethren oppose as differing from that of Queen Elizabeth in alterations detractions and additions For answer first in general We must reflect on what hath been said above viz. That such alterations as have been made by Royal authority by commission under the great Seal being made but for explanations fake and containing nothing contrary to any thing in the book contained doth not derogate from the authority and establishment of the book but such alterations are confirmed such power being yielded to the Kings of this Nation by the Laws K. James Proclamation for uniformity of Com. prayer And for that purpose gave forth Our Commission undes Our Great Seal of England to the Arch-bishop of Canterbury and others according to the form which the LAWS of this Realm in like case prescribed to be used to make the said EXPLANATION c. saith the King upon occasion of the alterations made at the Instance of the Brethrens predecessors at the Conference at Hampton-Court But to come unto particulars first to the Alterations 1. Alterations in the Liturgy That of Holy-days hath beâ—n replyed unto as also that of Apocryphal Chapters To which I add R. Hook eccles pol. l. 5. § 20. That it cannot be reasonably thought that we do thereby offer disgrace unto the word of God For in such choice we do not think but that fitness of speech may be more respected than worthiness of matter But this alteration whatsoever it were was made as by the authority of the King By whose means the Apocryphal chapters were altered so it seems by the occasion of Dr. Reynolds anotations For the King said That Dr. Reynolds should note those chapters in the Apocrypha books where those offensive places were and bring them But why do the Brethren appear now so zealous for the reading of the Scripture Conf. Hamp Court p. 63. Matth. 15. which they had almost laid aside in the publick worship for their own traditions i. e. for what they thought better to deliver unto the people 3. As for the alterations made for explanations sake K. James explanation of the present Liturgy by the King at the suit of the Non-conformists at that Conference now made violations of the Statute and essential alterations of the book they were not in any part of the substance of the book it self not in any prayer Not any alteration in the matter of the Liturgy or Exhortation and so in no one point either of Doctrine or Worship let the Reader note against the calumnies insinuated by these Brethren but onely in some two or three words in the old Translation of the Gospels And in a few Rubricks Hook eccles pol. l. 5. § 19. which are directions for the service The words altered in the Gospels wherein the steps of the Latine-service-book have been somewhat too nearly followed they are these 1. ' And Jesus said to them Conf. Hamp Court p. 86. to be put twice into the Dominical Gospels instead of Jesus said to his Disciples Though at the Conference it was answered That for ought that could appear by the places Ibid. pag. 63. he might speak as well to his Disciples as to the Pharisees The alterations in the Rubricks are Ibid. pag. 86. 1. Before the general Absolution is put or Remission of sins which before was onely Absolution 2. In private Baptism the lawful Minister present before it was then they minister it 3. In the same Rubrick they procure not their children to be baptised before it was they baptize not children 4. In that before Confirmation Examination with Confirmation of children it was appointed but I do not find it was done So that as the alterations of the words of the old Translation were but two so these in the Rubricks are but three And none of
But all this so as that no Article of the Confession no point of Doctrine no part of Worship is altered And yet the Brethren have raised such a hue and cry as if the later Bishops yea and Princes not excepting Queen Elizabeth had a design to corrupt the Articles to poison the Worship to impose unestablished things upon the conscience and liberty of the Subject and to punish men for disobedience thereunto As if all Religion were pessundated and Omnia in pejus ruere retro subâ—apsa referri All goes to ruine Thames to Tyber flows Th' Assembly to a Convocation grows As if as Pauls by the Brethrens fautors so the whole Church were like to be an Augaean Stable Well spake Tertullian of their fathers Prescript adv Heres non longè ab initio Scripturas obtendunt hac suâ audacia statim quosdam movent in ipso verò congressu firmos quidem fatigant infirmos capiunt medios cum scrupulo dimittunt They pretend Scripture saith he and by this their confidence they presently move some In disputation they trouble those that are strong they take the weak and send away the middle sort with doubting I conclude that notwithstanding the exceptions of the Brethren the Common-prayer-book as well as the Articles Act for uniformity of Com. prayer is established by Act of Parliament And that therefore If any manner of Parson Vicar or other whatsoever Minister shall preach declare or speak any thing in the derogation or depraving of the said faid Book or any thing therein contained or any part thereof and shall be thereof lawfully convicted shall forfeit c. I have done with the second Head of Objections viz. The establishing of the Liturgy and Worship Subsect 3. Discipline established Object I Come to that against the third the Discipline which they say is not established neither The discipline not establish'd They instance in the Episcopal Courts and Canons the first whereof is Jurisdiction Now the Bishops are of age Answ let them speak for themselves One of them Arch-bishop Whitgift against T. Cartwright Bishops Courts Lord Cant. speech at the censure of Dr. Bastwick c. in the Preface and the greatest in his time doth acknowledge That they exercise their jurisdiction in their Courts by vertue of the Laws and Commissions Royal onely The next in the same rank goes farther and upon occasion of such calumny makes it his suit unto the King and I do humbly in the Churches name desire your Majesty that it may be resolved by all the reverend Judges of England and then published by your Majesty that our keeping Courts and issuing Process in our own names and the like exceptions * Namely by T. Cartwright and others formerly taken and now renewed are not against the Laws of this Realm as 't is most certain they are not Thus far he What can indifferent men desire more then an appeal to all the legal Interpreters the Judges of that Law which they are said to violate and to the supreme Judge and spring-head thereof the King This for their Courts The Canons of the Church K. James As for the Canons Because the King-craft of that Prince which did confirm them as himself calls it is herein question'd as if he understood not what did touch his own prerogative and the Laws for he by his Authority under the Broad Seal confirmed those Canons I shall not take upon me the vindicatâ—on of so great a Person seeing he hath a Grandson and Successor our present Soveraign to do it for him at whose feet and the Laws I shall let that lie the rather because that point is like very shortly to be determined by publick authority So much for Discipline Subsect 4. Of Government Episcopal THe last is Government Episcopal namely and here 25 Edw. 3. Ann. 1350. Necessity of Reform p. 40. illis adhaeret aqua Themselves acknowledge and cite the Act saying That whereas the holy Church of England was FOVNDED in the estate of PRELACY within the said Realm of England by the said Grandfather Edw. 1. and his Progenitors and the Earls and other Nobles of his said Realm and their Ancestors to inform them and the people in the Law of God c. This then is granted to be according to the constitutions of this Nation Legal which is moreover known to all by this That all Acts of Parliament since that foundation have given the precedency of Baronship unto the Bishops the form usually being The Kings Majesty with the assent of the Lords Spiritual and Temporal Object doth enact c. Nay but though Episcopacy was established by Law 17 Car. cap. 1. Office of Episcopacy ceased yet it is not so now For the Act of 17 Car. 1.11 repeating the clause of the Act of 1 Eliz. 1. which instals the Queen and her Successors with power of Ecclesiastical jurisdiction the onely ground of the Bishops authority and jurisdiction Reasons for necessity of Reform p. 51 52 53. and repealing that clause did besides the taking away their Votes in Parliament take also away their power authority and jurisdiction and so the very office it self of Episcopacy whereupon the Ordinance of Lords and Commons makes all their grants void since 17 Car. 1. because then their Office expired Answ 1 For answer first in general That it was neither in the purpose nor to speak as the thing is in the power with due observance be it uttered of either Parliament or Prince to take away the powers which are essential and unseparable from the Crown and Office of a King which we see of right to have belonged and with praise to have been executed not onely in the Scripture both by Jewish and Heathenish Princes as by Nebuchadnezzar by Cyrus Dan. 3.29 Ezr. 6. Jon. 2. by Darius by the King of Ninive c. as well as by David Jehosophat Hezekiah and Josiah but also in the primitive Church by Constantine and Answ 2 others after him Besides we may not conceive the Parliament intended to countervene an express Article of the Confession of this Church Artic. 37. of the Civil Magistrate which having named the Queens Majesty saith Unto whom the chief government of all estates of this Realm whether they be Ecclesiastical or Civil in all causes doth appertain That prerogative which we see to have been given always to all godly Princes in holy Scripture by God himself And in particular that it was not the Answ 3 purpose of the King or the two Houses as then they were to take away the office and ordinary jurisdiction of Episcopacy appears evidently in that the King he asserts it to be a main cause of the war Ei kâ—â— Basilic Med. 9. and of his own calamity for that he would not consent thereunto How oft saith the King was the business of the Bishops injoying their antient places Bishops Votes in Parliam and undoubted privileges in the
of Worship in the nerves and sinews of Discipline and in the bones and strength of Government which no true Son of the Church of England can without indignation reflect on Thirdly it striketh at the very beeing and safety of it For first this will both nourish and breed Papists and Separatists when they shall consider that by this Oath we have acknowledged that there is no one part Isa 1. wholly sound in this Church but that from the crown of the head to the sole of the foot there are wounds sores and putrifying corruptions And being the expressions are indefinite they cannot tell what in any part is sound nor know what to cleave unto and so are prepared for apostacy from it 4. Schismaticall illegal oppressive to to the Government of the Church or confirmed therein 4. This Covenant sweareth a Schisme and is an unjust Oath as it is injurious and oppressive to the Government of this Church and the express Law whereby it is established to wit Episcopacy not to insist on the ranking of it with Popery and Superstition The Church of England is founded in Prelacy saith the Luws Of which before And the King in his Oath swears to defend the Rights of this Church Yea this order is by the Laws in force before 17 Car. 11. the very next the King himself in Parliam for so the style runneth the Lords Spiritual and Temporall The right of Episcopacy out of Scripture Antiquity and the late Reformers hath been shewed before and out of the Law of England also Now to swear against a main point of the Law of the Land wherein we have the suffrage of the whole Church and against that order of men both under which Bishops as Cranmer and others special instruments of the Reformation and by influence whereof we first received the Gospel and several whereof sealed it in opposition to Popery and Superstition with their blood Five Bishops being burned viz. Cranmer Arch-Bishop of Cant. Ridley Bishop of London Hooper and Latimer Bishops of Gloucester and Wortester and Ferrar Bishop of St. Davids is such a piece of unchristianity injustice and ingratitude yea and perjury also in those that have subscribed the three Articles and taken the Oath of Canonical obedience that I should wish mine eyes a fountain of tears to bewail it and my quill the pen of a more ready Writer to describe it Pudet haec opprobria nobis c. What shame is it that this should spoken be And nothing to be said to th' contray 5. It is of most dangerous insinuation 5. Of most dangerous insinuation against the dignity person and authority of the King in respect of the Kings Authority Dignity and Person First To his Dignity in putting him after the Parliaments and Kingdoms and yet put the Parliaments before the Kingdoms as if he were inferiour unto both whereas by our Oath of Supremacy we do acknowledge him to be over all persons within these his Realms and Dominions Supreme Governour And have in that and in the Oath of Allegiance and in the Protestation sworn and engaged to maintain his honour and priviledges Secondly It insinuates most imminent danger unto the Kings Person and Authority whilest it engageth to preserve and defend the Kings Majesties Person and Authority in the preservation and defence of the true Religion and Liberties of the Kingdoms Openly implying that both the one and the other may be deserted in case he do not or seems to some not to defend true Religion and the Liberties Thirdly And for his Authority we swear obedience thereunto in the former Oaths indefinitely without such limitations as these are whence these appears to be no less then a treasonable limitation 6. It swears to betray and oppress contrary to Law 6. Is oppressive of the K. faithful subjects and true members of the Church 7. It bettaies the Liberty of the Subject in setting up an Arbitrary power against Law the Kings faithful Subjects and the true sons of the Church because they would keep faith with the one and unity with the other Artic. 4. under the names of Malignants and Hinderers of Reformation 7. It owneth the Houses of Parliament in opposition to the King to be the Supreme Judicatories and acknowledgeth a power in them of punishment to life and estate which is a betraying the Subjects Liberty as also that they may punish as they judge convenient or a Committee from them What is this but to pluck up Magna Charta by the roots which gives this priviledge that no free-born English man shall be punishable in life liberty or estate but by a Jury of his equals c. So that this is an erecting of an Arbitrary Government and destructive to the Fundamental Laws of the Land The same error is committed in the fift Article against those that should any way oppose this kind of union between the two Nations 8. In the sixt and last Article 8. Obliges to a blind a betting of all attempts in the pursuance of it 9. Engages against Repentance it obliges to defend all those that enter into this Covenant in the pursuance thereof which what it infers cannot be foreseen nor how far that clause may be extended 9. It engageth against Repentance which in an Oath of that nature and newness ought not to have been done but that juvat impiis as well as miseris socios habuisse It pleaseth them that have the plague to see That others as themselves infected bee 10. 10. Hypocritical blasphemous towards God scandalous and dangerous to other Churches and Nations Prov. 24. Eccles 10. Matth. 22. Prov. 13. 1 Pet. 2. Lastly In the Epilogue and close of it It is Horridly Hypocritical Blasphemous towards God Scandalous and Dangerous to other Churches and Nations First It is Horridly Hypocritical in acknowledging that we profess before God and the world our unfeigned desire to be humbled for our sins and the sins of these Kingdoms against God and Christ his Son c. And yet at the same time swear to dishonour both and transgress the Gospel which commands obedience of Subjects to their Princes especially in doubtful cases the King holding forth not force but law as well as they and as I am perswaded with better evidence Ezek. 20.27 Secondly It is most blasphemous and a high temptation of Almighty God to pray most humbly unto him to strengthen us by his holy Spirit to live and dye in opposition to the just Laws of the Land in sedition against our natural Prince in schism against the Church and in oppression and violence against our innocent brethren Thirdly It is Scandalous to other Nations and Churches whereby through us the name of God as called upon and professed by the Reformed was blasphemed even among the very Turks Ezek. 36.20 yea our Nation the members of it in peril wheresoever they came as Merchants and Travellers know Lastly Dangerous unto the same Churches First
he maketh little of to the Romans the times and persons differed The Colossians and Galatians had been long in the saith and now put a righteousness and a necessity in those observations The Romans were but weak in the faith and observed those things as religious exercises which yet they might have more conscience of than was requisite but out of weakness onely not out of conceitedness or carnal wisdom So here Effectual course was to be taken to draw off the minds of the people from the opinion they then had of the Bishop of Rome which now being effected we must take heed we go not to the other extreme by continuing of that prayer to alienate more and more those amongst us affected to him from our publick service which the Act against Recusancy not then made doth oblige them to frequent Hence both the precept of King James Act against Recusancy prohibiting bitter invectives and undiscreet railing speeches against the persons of either Papists or Puritans Directions for Preachers anno 1622. Art 5. Dr. Ushâ—r And the practice of those in Ireland related in my hearing by the late Lord Primate not to inveigh against Popery it self but as the Kings words are modestly and gravely when they are occasioned by the Text of Scripture free both the Doctrine and Discipline of the Church of England from the aspersion of either Except 6 To that Exception they have against three Prayers one for the Queen or King another for the Bishops a third for Queen Anne and the Royal Family Additions of Prayers c. onely because not confirmed by Parliament and therefore not to be used without danger of Law In the Reply to the sixth general Exception hath been answered above To the seventh Exception That whereas the Preface of the Common-prayer-book saith That things uncertain vain and superstitious be cut off and nothing ordained to be read Preface Common-prayer but the very pure Word of God the holy Scripture or that which is evidently grounded on the Except 7 same And that the Collects for Christmas day and Whitsunday say That Christs was born on this day and that the Holy Ghost descended as on the other viz. Whitsunday and these to be read seven days after They say first Pag. 29. n. 7. On what Scripture is it evidently grounded that Christ was born on this very day As also that the Holy Ghost descended on that day seeing it is a moveable Feast and that therefore it is gross lying to Answ 1 God and horrible abusing of God in Prayer First we must distinguish betwixt things and the circumstance of them which are especially Time and Place No thing that is no matter of Doctrine or point of Worship requisite to edification in faith and holiness is appointed to be read but out of the very pure Word of God or that which is evidently grounded on the same But as for circumstances of times or names of places they are not either Doctrine of Faith or Matter of the Worship but Appendixes which vary not the substance of the Book 2. In particular Collect for Christmas day On Christmas day they appoint these words ' O God who hast given thy Son this day to be born c. First they do not say as the Brethren unfaithfully relate it this very day then indeed it might have been doubtfull but this day which admits a latitude and doth not binde the understanding to that very day it is sufficient if it be so commonly conceived and taken Aug. Ep. 23. ad Bonif. Saepe ita loquimur ut pascha propinquante dicamus crastinam vel perendinam Domini passionem cum ille ante tam multos annos passus sit Nempe ipso die dominico dicimus hod è Dominus resurrexit cum ex quo resurrexit tot anni transierunt Cur nemo tam ineptus est ut nos ita loquentes arguat esse mentitos nisi quia istos dies secundum illorum quibus haec gesta sunt similitudinem nuncupamus ut dicatur ipse dies qui non est ipse sed revolutione temporis similis ejus Thus we often speak saith the Father that when Easter is coming we say to morrow or two days off is the passion Good Friday so on the Lords day we say the Lord rose to day whereas so many years are passed since wherefore is no man so foolish as to say we lye the Brethrens words because we call those days so by way of similitude and likeness to those wherein such things were done No lye then if we say this day or as this day in Austins judgement but onely in the opinion of those whose like for folly had not then been Again Aug. Januar. Epist 119. c. 1. they might remember that even Antiquity did not celebrate it as an Article of Faith Noveris diem natalis Domini non in Sacramento celebrari sed tantum in memoriam revocari quòd natus sit Thou shalt know saith S. Austin that the day of Christs birth is not celebrated as a Sacrament but onely as a memorial that he was born And therefore needed not such exactness in the very day Thirdly the Church of England in saying this day followed the steps of Antiquity which did so account Nam ille Joh. Baptista natus est sicut tradit Ecclesia octavo calendas julias cùm jam incipiunt dies minui Dominus autem natus octavo calendas Januarias Aug. in Ps 132. prope fin Vid. ut de Temp. Serm. 12. quando jam dies incipiunt crescere For he John Baptist saith the Father was born according as the Church hath delivered it on the eighth of the Calends of July that is the twenty fourth of June when the days now begin to shorten but our Lord on the eighth of the Calends of January that is Decemb. 25. for the Calends must be reckoned backward beginning at the first day of the following moneth when the days now begin to lengthen Collect for Whitsunday Fourthly Touching that of Whitsunday they do not say this day as on the Nativity but as on this day noting as S. Austin said above not a Sacrament but a commemoration onely As on this day which is as much as if the Church had said The memory of this benefit we celebrate on this day as if it had been done therein Which is evident to be the Churches meaning because it needed not the Brethrens tuition to make them understand that Whitsunday is a moveable Feast falling sometimes sooner sometimes later Repeating the Collect seven days To the last of repeating the Collect for these days seven days after as if this were a gross lying to God and horrible abusing of God in prayer I might answer onely that which was said above to the like exception In answer to their exception against the matter of the Artic. n. 6. of not changing the Qu. name into the Kings it foams out their
their general exception The next is against the Ceremonies of this Church and of the Common-prayer Book in particular Of the Ceremonies in partic Against which they except these things First that they are not established by Law Secondly that they are superstitious Thirdly that they are scandalous Fourthly that they have been occasions of persecution Fifthly they are burdensom for their number And lastly even by the consequence of the Article 34. of the 2. Homilie of the time and place of Prayer by the very Preface of the Common-prayer Book it self and also the practice of the Bishops they ought to be removed Touching the first that they are not established they endeavour to prove first generally in that the Common-prayer Book is not established secondly particularly because of the Book of 2. and 5 6 Ed. 6. and the Act of Uniformity of Common-prayer Touching the first that they are not established In the Answ to the sixth gen Except because the Common-prayer Book is not established hath been answered above Touching the particular proof here the Brethren do prevaricate not unpalpably and very undutifully traduce Qu. Eliz. and the Parliament that established the Book of Common Prayer P. 34. For first they say that However the Rubrick before the Book of Common-prayer printed in 1 Eliz. directeth to use such Ornaments as were in use in 2 Edw. 6. Ornaments of service yet that is no part of the Book of Common-prayer which the Parliament of 1 Eliz. established because the Book of 5. 6 Edw. 6. hath no such Rubrick or direction and that Act of 1 Eliz. for Uniformity of Common-prayer injoyns all things to be done according to the Book of 5 6 Edw. 6. and none other nor otherwise therefore nothing according to the Book of 2 Edw. 6. which yet * P. 39. afterward they say is good Law So that they make that Parliament very weak and inconsiderate men Answ and indeed meer C. Combs if that word might be used in reference to so awfull an Assembly that what they appointed in the very entrance of the Book by Rubr. they would establish they did by the Act immediately overthrow They appoint such Ornaments in the Book unto the Minister in Divine Service as was in use by Act of Parliament in the second year of Ed. 6. And in the Act they conform the Prayer-book unto that of 5 6. Ed. 6. and none other or otherwise As if the former were not an Exception and a Provâ—so also in the Act it self Act for Uniformity prope sinem Provided alwayes sayes the Act and be it enacted that such Ornaments of the Church and of the Ministers thereof shall be received and be in use as were in the Church of England by the Authority of Parliament in the second year of the Reign of King Edw. 6. untill other order shall be therein taken note by the Authority of the Queens Majesty Note with the advice of her Commissioners appointed and authorised under the Great Seal of England for Causes Ecclesiastical or of the Metropolitane of this Realm Which latter clause of the Act yields a farther Answer to the Breth viz. that if those Ornaments were not otherwise established either by the Act or by the Liturgie yet by this Act Other Ceremonies if they be established by the Queen and her Commissioners and so by the following Princes Q. hath power to ordain Ceremon Rites and Orders Ecclesiastical it is sufficient The like may be said for Ceremonies Rites and Orders appointed by the Book That Act immediately after the former words subjoyning And also that if there shall happen any contempt or irreverence to be used in the Ceremonies or Rites of the Church by the misusing of the Orders appointed in this Book the Queens Majesty may by the like advice of the said Commissioners or Metropolitane ordain and publish such further Ceremonies or Rites as may be most for the advancement of Gods glory the edifying of his Church and the due reverence of Christs holy Mysteries and Sacraments So that here is establishment enough Next they would prove that the Ceremonies in the Common-prayer Book for of those they are speaking are not established by Law Pag. 38. because the Common-prayer Book of 2 Edw. 6. is in some things referred to And particularly as to Ornaments and Rites both by the Rubrick before Common-prayer in the present Liturgy and by the Statute of 1 Eliz. 2. So that as to this point vâ—z of Ornaments and Rites which they named and as to Ceremonies for of those they are speaking and instance in them presently so much of that Book is still in force by Law But that Book hath expresly given a liberty in some of the things here desired to be no further imposed where in the last page thereof called Certain Notes for the more plain Explication and decent Ministration of things contained therein it saith As touching kneeling crossing holding up of hands knocking upon the breast and other gestures they may be used or left as every mans devotion serveth without blame This say the Brethren is still good Law c. wherein they do as well falsifie as prevaricate for neither the Rubrick before the Common-prayer nor the Act for Uniformity do name Ornaments and Rites as the Brethren recite the words but Ornaments only Now the word Rites comprehends the Ceremonies also which are not referred to in this Act but bounded in the Book it self and further liberty given to the Queen about them as we saw above out of the Act. Again they prevaricate for they know it was far from the meaning of that Rubrick they quote in 2 Ed. 6. when it names kneeling crossing and other gestures as things indifferent to be done or left according to every mans devotion Far it was from them to intend the Crosse in Baptism or the kneeling at the Communion or other gesturâ—s establisht in that very Book and by Act of Parliament and the latter whereof they explain by Rubrick in the Book of 5 6. Edw. 6. But the Brethren know they meant these words of such other Crossings and Kneelings and gestures which were many in those times not appointed by the Book So much for the â—stablishment The next is they are superstitious Superstitious Thirdly scandalous Both which have been replyed to above to which I referre for brevities sake only because this Tract is growen farre beyond what I intended The fourth is they have been occasions of persecution to manâ— able and godly peaceable Miniâ—teâ—s and sober Christians With reference to what hath been said above I add Pâ—â—â—â—â—ble Ministâ—â—s first Touching the Ministers that peacâ—â—ble they are not if like the Brethren Who first endâ—avour to enflame the people as well as Parliament and then to cast questions of difference between the King and Parliament â—ag â—â—â— â—â—â—r â— about Prerogative â— as they not obscurely do by quarrellâ—ng the validity of the