Magistrate and so many other restrictions were made as Rules against such as could not otherwise well rule themselves and observe the just rules of Reason and moderation And thereupon the Church it self and those godly Bishops that desired no mans wealth but what made for the glory of God and the furtherance of the Gospel of Christ made Canons and cautions against such catching Covetousness as would too greedily incroach upon their neighbours estates Decret part 2. Caus 12. q. 2. Can 49. and too unreasonably hedge it in unto the Church as that Canon which beginneth Ecclesia rapacitatis ardore The Church with too much greediness must not snatch and pluck unto her self the Lands and Possessions of her Children The Reason of those Statutes and Canons two fold And the Reason of these Inhibitions and Statute of Mortmain and Canons of the Church seems to be two fold 1. Because as I said before the zeal of those Christians was so fervent Reason 1 and their desire to promote the service of God was so eager and vehement that they cared not how much they gave but thought all that they gave too little for that service So great was the difference betwixt their mind and the minds of our Souldiers and others Gentlemen of no mean rank and some generated and degenerated from the Church whose Covetousness and greedy hearts desire nothing more then to pull down our Cathedrals and other Churches and as it were Romana lege agraria by an Irresragable Law to pluck away their Lands and Possessions until they be left as bare as in the day wherein they were first brought forth into the World 2. Because that whatsoever Lands Houses or Possessions were once Reason 2 dedicated and offered unto God and for Gods service could not without committing the horrible sin of Sacriledge be taken away by any man or by any pretence from God or indeed because the Lands and Houses that were given unto the Church were freed in those times of Popery from all Taxes and Escheats so that neither the King nor Common-Wealth could have any help or assistance from them towards the defraying of the publick and most necessary charges of the State And therefore Henry the third and Edward the first his son and Richard the second seeing how many men not out of any love to Religion or zeale to Gods service but craftily to couzen the King and other chief Lords and the Common-Wealth did thus fraudulently convey their Lands unto the Church and then took Leases of them again from the Church meerly to be freed from the Publick Taxes made those Statutes Cap 36. against the giving of their Lands in Mort-main or in a dead hand that is the Church and it is enacted in the great Charter that it should not be lawful to any man from thence-forth to give his Lands to any Religious House and then to take the same again from the same H use the which thing being a meer Collusion and an apparent wrong to the King to the chief Lord of the Fee and the Common-Wealth no Bishop ever justified the same or held it lawful for the Church to hold such Lands as were so given contrary to those Acts of Parliament and those Canons that were made against such deceitful dealings But for those Lands and Houses that were truly Religiously and without any manner of deceit or wrong to any man given to the Church for the service of God and to promote the Gospel of Jesus Christ I think them so sacred and so properly Gods right that as the Author of the Church Lands not to be sold hath Truly Religiously and most Learnedly proved so I assure my self that none but the Limbs of the Great Anti-Christ will think otherwise For Before these holy men have made the Donations of their lands or houses unto God and to his Church it was in their own power and they might without offence either give them unto the Lord or retain them still unto themselves and their posterity for so S. Peter tells Ananiâ— Whiles it remained that is un-sold was it not thine own And after it was sold was it not in thine own power that is either to offer it and give it to God and his Service Acts 5.4 or not to give it But now after thou hast sold it and dedicated the whole price of thy land for Gods Service To keep back some part of the price which formerly thou hadst given to God's Church is such a Sacriledge and so transcendent a sin as to lye unto the Holy Ghost and to rob God of that which now doth most properly belong to God and is no wayes in thy power to dispose of it And so it is in any other mans case Before thou givest thy land house or utensil unto the Church and for the Service of God it is thine own and thou mayst lawfully do what thou wilt with thine own either give it unto God or not give it but after thou hast once given it and consecrated it for God's Service it is none of thine and neither thou nor any man else can make an alienation or impropriation thereof without lying unto the Holy Ghost and a robbing of God of his right For so the Law saith Jastinian lib. 2. Tit. 1 Nullius sunt res Sacrae nam quod Divini juris est nullius in bonis est The Sacred and Dedicated things that are of Divine property are of no private mans right but God being the sole owner of them none but such as are his servants and assignes can have any thing to do with them So Charles the Great that was as good as he was great saith Bona Ecclesiae Deo sacrata sunt Capit. Car. l. 6. c. 28. Whatsoever we give unto the Church we offer and dedicate unto the Lord our God And so the style of all the Graunts in our Magna Charta runneth Magna Charta c. 1. We have given such and such lands or things unto God both for us and for our heires for ever And again the same Magna Chartae saith Privilegium Ecclesiae debet esse immune And so the Law of God saith The field when it goeth out in the year of Jubile shall be holy unto the Lord as a field devoted the possession thereof shall be the Priests because Levit. 27.21 28. as the Lord saith verse 28. No devoted thing that a man shall devote or give unto the Lord of all that he hath both of man and beast and of the field of his possession shall be sold or redeemed because every devoted dedicated or consecrated thing is most holy unto the Lord and the Lord hath given the same unto the Priests verse 21. And so the ancient Style of all Grants and Charters for these matters was Domino Deo nostro offâ—rimus dicamus cetera We give such and such things unto our Lord God And under the Law as God instituted the Tythes and lands
be made But though it be an Axiom infallible not liable to controulment and a truth as clear as the Sun that Impropriations of Tythes and the alienation of Lands Houses and other things that were given to God and for the service of God ought not to be done nor cannot be injoyed as their own proper goods by any lay person be he Lord Knight or what you will contrary to the mind and will of the donors without committing that horrible sin of Sacriledge yet you must not so understand me How the tythes lands and houses of the Church may be let and set to lay persons as if I conceived that Ministers might not set their Tythes or let their Lands and their Livings to any lay-person or that it must be generally understood that no commerce or bargain can be made of the goods and endowments of the Church because that as God is willing we should use those goods alwaies for our benefit so he will be as graciously pleased we shall forgoe them and exchange them when we find it for our benefit and the benefit of his Church and Service which in all our bargains and commerce we ought chiefely to regard because we are but Gods Stewards for the service of his Church and so whatsoever our Religion and our Ancestors have honoured God withal we must imploy not so much for our own best advantage as for that which maketh most for Gods honor And therefore we that are instructed with the inheritance of the Church and portion of Jesus Christ must not make such bargains for our Master as Glaucus made for himself when he changed his golden Armour for brazen furniture neither must we deal with the Church of Christ as Rehoboam did with the Temple of Solomon 1 Reg. 14.26 27. when he took away all the shields of gold and made in their steed shields of brass but what bargain or covenant soever we make without sin for the greater glory unto God and grâ—â—â—ter good unto the Church we hold it good with whomsoever the same is made CHAP. XIX That it is the duty of all Christian Kings and Princes to do their best endevours to have all the Impropriations restored to their former Institution to hinder the taking away and the alienation of the Lands Houses and other the Religious Donations of our Ancestors from the Church of Christ and to suppress and root out all the Vnjust and Covetous suttle customs and frauds that are so generally used and are so derogatory to the service of God from amongst the people and especially from this Kingdom of Ireland where most corruption is used and most need of Instruction unto the people THus you have heard how that Cathedrals and other Parochial Churches should be built and beautified for the Honor of God Godly Bishops and Preachers should be placed in them for the Service of God and then the allowance that God hath appointed should be given and yielded unto them for their maintenance And now because the Lands Houses Tythes and Hereditaments of the Church which the Lord God hath granted and the godly Emperours pious Kings and zealous Professors have given and dedicate for Gods service are in these dismal daies snatched away by the hands of Haâ—ksters and haters of Religion and alienated by the Souldiers that divide Christ his garments amongst them from the true servants and Ministers of Christ who should be very thankful unto these Souldiers as they often say that we have any thing left unto us For as the Orator telleth the grave Senators of Rome of an audacious fellow called Fimbria that stabbed Quintus Scaevola an honest man Cicero in Orat. pro Roscio Amerino at the funerals of Caius Marius and then boasted of the great favour that he shewed to him Quòd non totum telum in ejus corpore absconderat That he had not thrust his dagger wholly to the Hilt into his body but only gave him a slight stab that was sufficient to kill him So these brood of Fimbria having seized upon a great part of the Houses Lands and Patrimony of the Church and still detayning them Per fas nefas in their own hands do labour to get more and think the favour that they have done us deserveth no small thanks that they brought or left to us what we have and have not deprived us of all together Therefore Covetousness Injustice and the love of this World being so deeply grounded and setled in the hearts of our Demas's and this Epidemical disease of taking and detaining the Churches right being as one saith just like the Kings-evil which no Physitian but the King himself will serve to heal it Our address must be unto his Majesty to supplicate that he would be graciously pleased to interpose his Royal Command to stop the current of these intruders into Gods right and to cause the Restitution of the Church-goods to be made unto the Church And among the rest of the injuries done by these Military * I speak of the Souldiers because either the Souldiers of that Parliament or of Crumwel or his Majesty have almost all the Kingdom of Ireland and do fill the House of Lords and the House of Commons and are the chief men in every place So that nothing can be done either in Parliament City or Countrey but what they will have done because they are the Major Party and so can Out-vote all the rest and therefore Ireland being now Regnum Militum This my discourse cannot be Gratum opus agricolis but Ingratum militibus which is all one to me if you consider what I say in the latter end of this book and that I fear not what they say of me Quia nec melior sum si laudeverint nec deterior si vituperaverint men to the Church of God there is one great Abuse which is generally used and practised here in Ireland by the rich proprietors and possessors of Lands and Town-ships to the abundant detriment and loss of the Ministers and to the hazard and danger if not the destruction of many I know not how many souls and that is when the Gentleman proprietor that holds all or most of the Parish in his own hands if he be offended with his Minister and cannot have the Tythes as he pleaseth himself he can make the Rectory or Vicaridge that might be well worth fifty or sixty pounds per annum to be scarce worth ten pound a year or nothing for he will leave all his ground unplowed and turne it to pasture and so bring a dearth through the scarcity of Corn in the Common-Wealth and then he will buy young Bullocks and fils his Lands with dry Cattle whereof their Religious Lawyers of whom Dr. Gardiner †Dr. Gardiner in his Scourge of Sacriledge saith that he never heard yet at any hand of any good that they have Prophesied unto the Church tels them their custome will preserve them from the payment of any
the whole Kingdome in an unnatural civill War and to maintain the same against the will and contrary to the desires both of the King and Kingdom and it is almost incredible what wicked courses and how unjust and insufferable Orders and Ordinances you shall find recorded that they have made 1. Against the King 2. Against the Subjects 3. Against the Law Which are all said to be exceedingly abused by them for 1. Against the King it is registred to Posterity that they have proceeded besides many other things in all these particulars 1. They possesse all the Kings Houses Towns and Castles 1. Their proceedings against the King 1. Wrong Matth. 8 20. but what he gets by the strength of his sword and detain them from him so that we may say with our Saviour The Foxes have holes and the fowles of the air have nests but the King of England hath not an house allowed him by the Houses of Parliament wherein to put his head and they take not onely his Houses but also his rents and revenues and as I understood when I was in Oxford his very clothes and provision for his Table that seeing they could not take away his life by the sword they might murder him with cold or famin when he should not have the subsistence if they could hinder him to maintain life and soul together which is the shame of all shame and able to make any other men odious to all the world The complaint to the House of Commons Pag. 19. thus maliciously and barbarously to deal with their own most gracious King neither doth their malice here end but they with-hold the Rents of the Queen and seize upon the Revenues of our Prince which I assure them my Countrey-men takes in great scorn and I believe will right it with their lives or this Parliament-Faction shall redeem their errours with no small repentance when as we find no Prince of Wales was ever suffered by his Subjects to have such indignities offered him by the greatest Peers of England And here I cannot omit what Alderman Garraway saith of the reproach of Master Pym touching the maintaining of the Kings other Children which he professeth made his heart to rise and hoped it did so to many more Alderman Garraway his Speech Is our good King fallen so low that his Children must be kept for him It is worth our inquiry Who brought him to that condition We hear him complain that all his own Revenue is seized and taken from him Is not his Exchequer Court of Wards and Mint here his Customes too are worth somewhat and are his Children kept upon Alms How shall We and our Children prosper if this be not remedied And I pray God these things rise not up in judgement against them and this Nation but hereby they intended to verifie that disloyal Speech which One of them uttered in a Tavern and God will avert it from his Servant Sober Sadnesse pag. 22. 2. Wrong That they would make the King as poor as Job unlesse he did comply with them 2. If any man which they like not attends the Kings Person though he be his sworn servant or assist him in his just defence which he is bound to do by the Law of God and man yet he is presently voted and condemned for a Malignant Popish dis-affected evill Counsellour and an enemy to the State and that is enough if he be catched to have him spoyled and imprisoned at their pleasure nay my self was told by some of that Faction that because I went to see the King I should be plundered and imprisoned if I were taken 3 Wrong 3. Though they do solemnly professe that his Majesties personal safety and his royal honour and greatnesse are much dearer unto them then their own lives and fortunes The Petition to his Majesty the 16. of July 1642. which they do most heartily dedicate and shall most willingly imploy for the support and maintenance thereof yet for all this hearty Protestation they had at that very time as the King most accurately observeth in his Answer directed the Earl of Warwick to assist Sir John Hotham against him Non turpe est ab eo vinci quem vincere est nefas neque ei inhonestè aliquem submitti quem Deus super omnes extulit Dictum Armenii Pompeii appointed their Generals and as Alderman Garraway testifieth raised ten thousand armed men out of London and the Neighbour-Countries before the King had seven hundred and afterwards though the King sent from Nottingham a gracious Message and sollicitation for Peace yet they supposing this proceeded from a diffidence of his own strength or being too confident of their own force sleighted the Kings Grace and most barbarously proceeded in the most hostile manner waged warre and gave battail against the Kings Army where they knew he was in his own Person and as one of their Preachers taught the Sunday before the Battail that they might with a good conscience as well kill the King horresco dicere as any other man so according to Captain Blagues directions as Judas taught the High-Priests servants we know what Troops and Regiments were most aimed at whereas they do most ridiculously say they have for the defence of his person sent many a Cannon-bullet about his eares which he did with that Kingly courage and Heroick magnanimity yea and that Christian resolution and dependance on Gods assistance pass through that it shall be recorded to his everlasting honour and their indelible shame and reproach so long as the world endureth 4. 4 Wrong They have most Disloyally and Traiterously spoken both privately and publickly such things against his Majesty as would make the very Heathens tear them in pieces that should say the like of their Tyrannous Kings and such as I could not believe they proceeded from the mouth of a Christian against so Christian a King but that I find most of them were publickly uttered made known unto his Majesty and related by himself and those that were Ear-witnesses thereof Sober sadness p. 3. The Viewer p. 4. His Majesties Declaration Trussel in the supplement to Daniels History as Horresco referens that he was not worthy to be our King not fit to live that he was The Traitor that the Prince would govern better and that they dealt fairly with him they did not depose him as their fore-fathers had deposed Richard the second whom all the World knoweth to be most Traiterously Murdered and the whole progress of that Act whereby he was deposed is nothing else but the Scandal of that Parliament and an horrid treason upon the fairest relation of any Chronicle and the good Bishop of Carlile was not then affraid in open house to tell the Lords so to their faces and I would our Parliament men would read his Speech 5. They command their own Orders Ordinances 5. Wrong and Declarations to be Printed Cum privilegio and to be published
in Publick throughout the whole Kingdom and they are not a little punished that neglect it and whatsoever Message Answer Declaration or Proclamation cometh from the King to inform his Subjects of the Truth of things and to undeceive his much seduced people they streightly forbid those to be Printed and imprison if they can catch them all that publish them as they did many worthy Ministers in the City of London and in many other places of this Kingdom 6. They have publickly voted in their House 6. Wrong and accordingly indeavoured by Messages to perswade our brethren of Scotland to joyn in their assistance with these grand Rebels to rebel against their Soveraign but I perswade my self as I said before that the Nobility and Gentry of Scotland are more Religious in themselves more Loyal to their liege Lord and indeed wiser in all their actions then while they may live quietly at home in a happy peace to undertake upon the perswasions of Rebellious Subjects such an unhappy war abroad 7. It is remonstrated and related publickly that 7. Wrong as if they had shaken off all subjection and were become already a State Independent they have Treated by their agents with forraign States and do still proceed in that course which if true is such an usurpation upon Soveraignty as was never before attempted in this Kingdom and such a Presumption as few men know the secret mischiefs that may lurk therein 8. They suffer and licence their Pamphleters Pryn Goodwin Burges 8. Wrong Marshal Sedgwick and other emissaries of wickedness to publish such Treasons and Blasphemies and abominable Aphorisms As that the negative vote of the King is no more then the dissent of one man the Affirmative vote of the King makes not a Law ergo the Negative cannot destroy it and the like absurd and sensless things that are in those Aphorisms and in Prins book of the Soveraign power of Parliament whereby they would deny the Kings power to hinder any Act that both the Houses shall conclude and so taking away those just prerogatives from him that are as Hereditary to him as his Kingdom compell him to assent to their conclusions for which things our Histories tell us that other Parliaments have banished and upon their returns they were hanged both the Spencers the Father and the Son for the like presumption Why the two Spencers died as among other Articles Per asperte vid. Elismere post-nati p. 99. for denying this Prerogative unto their King and affirming that if he neglected his duty and would not do what he ought for the good of the Kingdom he might be compelled by force to perform it which very thing divesteth the King of all Soveraignty overthroweth Monarchy and maketh our government a meer Aristocracy contrary to the constitution of our first Kings and the judgment of all ages for we know full well Pag. 48. from the Practise of all former Parliaments that seeing the three States are subordinate unto the King in making Laws wherein the chiefest power consisteth they may propound and consent but it is still in the Kings power to refuse or ratify and I never read that any Parliament man till now did ever say the contrary but that if there be no concurrence of the King in whom formally the power of making of any Law resideth ut in subjecto to make the Law the two Houses whose consent is but a requisite condition to compleat the Kings power are but a liveless convention like two Cyphers without a figure that of themselves are of no value or power but joyned unto their figures have the full strength of their places which is confirmed by the Viewer of the Observations out of 11. Pag. 19 20 21. Hen. 7.23 per Davers Polydore 185. Cowel inter verbo Praerog Sir Thomas Smyth de republ Angl. l. 2. c. 3. Bodin l. 1. c. 8. For if the Kings consent were not necessary for the perfecting of every Act The Letter to a Gentleman in Gloucestershire p. 3. then certainly as another saith all those Bils that heretofore have passed both Houses and for want of the Royal assent have slept and been buried all this while would now rise up as so many Laws and Statutes and would make as great confusion as these new orders and ordinances have done And as the Lawyers tell us that the necessity of the assent of all three States in Parliament is such as without any one of them the rest do but lose their labour Lamberts Archeion 271. Vid. the Viewer p. 21. so Le Roy est assentus ceo faict un Act de Parliament and as another saith Nihil ratum habetur nisi quod Rex comprobarit Nothing is perfected but what the King confirmeth But here in the naming of the three States I must tell you that I find in most of our Writers about this new-born question of the Kings power a very great omission that they are not particularly set down that the whole Kingdom might know which is every one of them and upon this omission I conceive as great mistake in them that say the three States are Which be the three States of England 1. The King 2. The House of Peers 3. The House of Commons For I am informed by no mean Lawyer that you may find it upon the Rowls of Henry the fifth Speed l. 9. c. 19. p. 712. Anno. 1 Ric. 3. as I remember and I am sure you may find it in the first year of Richard the third where the three States are particularly named and the King is none of them For it is said That at the request and by the assent of the three Estates of this Realm that is to say the Lords Spiritual the Lords Temporal and Commons of the Land Assembled it is declared that our said Soveraign Lord the King is the very undoubted King of this Realm Wherein you may plainly see the King that is acknowledged their Soveraign by all three can be none of the three but is the head of all three as the Dean is none of the Chapter but is Caput capituli and as in France and Spain so in England I conceive the three Estates to be 1. The Lords Spiritual that are if not representing yet in loco in the behalf of all the Clergy of England that till these Anabaptistical tares have almost choaked all the Wheat in Gods field were thought so considerable a party as might deserve as well a representation in Parliament as old Sarum or the like Borough of scarce twenty Houses 2. The Lords Temporal in the right of their Honor and their Posterity And to make the World believe how justly and sufficiently legal they could do this they made another Ordinance for the inhabitants of the Counties of Northampton Rutland Derby c. to pay the twentieth part and to be assessed by the Assessors that they name in imitation of the Statute lately made for the four hundred
God of their bellies to cause all the other guests to leath their meat that they alone might devour all the dainties did use Narium mucum in catinis emungere so do these men spit all their poyson against the Revenues of the Bishops and that little maintenance that is left unto the Ministers and are as greedy to devour the same themselves as the dogs that gape after every bit they see us put into our mouths for so I heard a whelp of that litter making a bitter invective in the House of Commons against Bishops Deans and Chapters and the greatness of their Revenue Doctor Burges and concluding that all they should be degraded their means should be sequestred and distributed all without any diminution of what they now possessed but with the restitution of all Impropriations unto himselfe and the rest of his factious fellow Preachers which speech as it pleased but few in the latter clause so no doubt it had fauters enough in the former part when we see this little remnant of our fore-fathers bounty this testimony of our Princes piety is the onely mote that sticks in their eye the undigested morsell in their stomacks and the onely bait that they gape after for did our King yeild this garment of Christ to be parted among their Souldiers and this revenue of the Church to be disposed of by the Parliament I doubt not but all quarrels about the Church would soon end and all oâ—her strife about Religion would be soon composed What many men would willingly undergo to procure peace But would this end all our civil Wars would the unbishoping of our Prelates bring rest unto our Prince and the taking away of their estates settle the State of the Common-wealth and bring peace and tranquillity unto this Kingdom If so we could be well contented for our own parts to be sacrificed for the safety of the people for though we dare not say with Saint Paul that we could wish our selves 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or separated from Christ for our Country-men yet I can say with a syncere heart 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Rom. 9.6 that I believe many of us could be well contented our fortunes should be confiscated and our lives ended so that could procure the peace of the Church which is infinitely troubled redeeme His Majesties honour which is so deeply wounded and preserve this our native Country from that destruction The abolishing of Episcopacy would not satisfie the Factious which this unparallel'd Rebellion doth so infallibly threaten but the truth is that the abolishing of Episcopacy root and branch the reducing of the best to the lowest rank and the bringing of the Clergy to the basest condition of servility to be such as should not be worthy to eate with the dogs of their flock as Job speaketh will not do the deed because as the Satyrist saith nemo repentè fit turpissimus but as virtues so vices have their encrease by use and progression Juven Sat. 2. primum quodque flagitium gradus est ad proximum and every heynous offence is as iron chain to draw on another For as Seneca saith nunquam usque adeò temperatae cupiditates sunt Seneca de Clem lib. 1. ut in eo quod contigit desinant sed gradus à magnis ad majora fit spes improbissimas complectuntur insperata assecuti our desires are never so far temperated that they end in that which is obtained but the gaining of one thing is a step to seek another And therefore cùm publicum jus omne positum sit in sacris as Plato saith how can it be that they which have prophaned all sacred things Plato de legibus lib. 12. and have degraded their Ministers should not also proceed to depose their Magistrates if you be diffident to believe the same let the Annals of France Germany England and Scotland be revised and you shall find that Charles the fifth was then troubled with War when the Bishops were turmoyled and tumbled out of their Seas Scoti uno eodémque momento numinis principis jugum excusserunt nec justum magistratum agnoverunt ullum ex quo primùm tempore sacris sacerdotibus bellum indixerunt and the Scots at one and the self-same moment did shake off the yoke of their obedience both unto their God and to their King neither did they acknowledg any for their just Magistrate after they had once warred against Religion and religious men Blacvod Apolog pro regibus pag. â—3 which were their Priests and Bishops saith Blacvodaeus and in Fran e saith he the same men were enemies unto the King that were adversaries unto the Priests quia politicam dominationem nunquam ferent qui principatum Ecclesiae sustulerunt nec mirum si Regibus obloquantur qui sacerdotes flammâ ferro persequuntur because as I have shewed at large in my Grand Rebellion they will never endure the Political Magistrate to have any rule The haters of the Bishops ever enemies unto kings when they have shaken off the Ecclesiastical government neither is it any wonder that they should slander rage against and reject their King when they persecute their Bishops with fire and sword And I think the sad aspect of this distracted Kingdom at this time makes this point so clear that I need not add any more proof to beget faith in any sober man for doth not all the World see that as soon as the seditious and trayterous faction in this unhappy Parliament had cast most of the Bishops How soon the Faction fell upon the King after they had cast off their Bishops the gravest and the greatest of all with Joseph into the dungeon a thing that no story can shew the like president in any age and had voted them all contrary to all right out of their indubitable right to sit in the House of Peers an act indeed so full of incivility as hath no small affinity with that of the Gergesites who for love of their swine drave not out 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Matth. 8.34 but desired Christ to depart out of their coasts they presently began to pluck the sword out of the Kings hand and endeâ—voured to make their Soveraign in many things more servile then any of his own Subjects so that he should be gloriosissimè servilis as Saint Augustine saith that Homer was suavissimè vanus and to effect this you see how they have torn in peices all his Rights they have trampled his Prerogatives under foot they have as much as they could laid his honour in the dust and they have with violent warr and virulent malice sought to vanquish and subdue their own most gracious Soveraign which cannot chuse but make any Christian heart to bleed to see such unchristian and such horrid unheard of things attempted to be done by any that would take upon him the name of a Christian Therefore to manifest my duty to
them almost as much as we could desire so our hope and humble Request is that you will not suffer these men to take from us so much as they desire For the preventing of which desire of theirs if it may be I have endeavoured to arm my self with a resolution neither to fear nor flatter any man 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for they that fear the smoak may fall into the fire Et qui timet pruinam opprimetur à nive that is as S. Gregory moralizeth it He that fears the frost of mans anger which he may tread under his feet may be overwhelmed with the hail and snow of God's wrath which shall fall upon his head so that he can not escape it And I have studied not to prepare sweet and savory meat unto my Readers but salubria medicamenta those medicines that shall be most wholesome for their Souls And because the ears of all Church-robbers are like the ears of the deaf Adder that will not be charmed and the walls of this sin of Sacriledge are like the walls of Jericho that cannot be tumbled down without the shrill sound of Trumpets and Rams horns I have sharpned my Pen and in the bitterness of my soul for the havock that I see made of the Patrimony of God's Church I have indeavoured to speak not in the mild voice of El◠to his sons but with the rough speeches of Joseph unto his brethren that had slept so many years in their sins as our people have done in their Sacriledge and yet think it to be no sin And I doubt not but that this my Discourse will prove as the waters of gall and as bitter as wormwood unto those mens stomacks that are so greedy as we see men are to get away the lands and possessions of the Church and my self to be maligned and envyed to the full But I assure them Non flocci facio I weigh it not a rush for I have hardened my face like an Adamant and as the Lord saith to Ezechiel Whether they will hear or whether they will forbear I will speak what I conceive to be truth and nothing but what my Conscience tells me is truth And if in any thing I shall mistake it is not amor erroris the love of error or the hatred of any of those Sacrilegious persons that rob the Church but it is error amoris the error of my love to the Church of Christ and unfaigned desire to promote the service of God and the good of the poor and honest Irish of this Kingdom and so if I have offended I shall humbly crave your Majesties pardon and most willingly submit my self to the censure of the Church and with my morning evening and noon-daies prayers for your Majestie 's long-life and much happiness I rest Your Majestie 's most humble devoted and most faithful Loyal Subject Gryffith Ossory To all the COMMISSIONED OFFICERS of the KINGS ARMY in the year 1649. Noble and Worthy Gentlemen WHose true faithfulness to your King and great Valour in the Wars undertaken to defend the best King on Earth And to say the truth I blame not all the Souldiers and Commissioned Officers when I found very many of them very honest very religious men and some of them have told me they would not medle and wished that the rest of the Souldiers would not meddle with the lands or houses of the Church and to preserve his undubitable Right unsnatched from him by wicked Rebels doth undoubtedly merit in the judgement of all wise and honest men no small Reward far more than the reach of my understanding can express Yet ye must give me leave to tell you That I should be heartily sorry that any man could justly say That your great Deserts were any wayes stained with the tincture of Sacriledge which I assure my self you would never permit if you conceived any thing that you do to have the least affinity with that ugly Bastard-Brat Therefore I have undertaken in the sincerity of my Conscience and according to the best and uttermost of my knowledge without the least ill thought of any of you all or the least covetous desire to take any thing from you that is inoffensively your due but to discharge the duty that I owe to God and his Church to compose this subsequent Treatise concerning Sacriledge and to shew how horrible how odious a sin it is in the sight of God how derogatory and prejudicial it is to the Honour and Service of Jesus Christ and how dangerous and how it damnifieth those that commit it the same being a Canker that will eat and consume all that they have before many Generations pass away a sword that will cut down their posterity from off the earth and a sin that obligeth them to eternal damnation without the great mercy of God to accept their great and unfeigned repentance for the same And what you imagin I do herein against you I do assure you if you will believe me it is not so much to get either lands or houses from you as to hinder you as I conceive so deeply to wound your own selves For Better is a little that is duly gotten without blame and brings a blessing with it than a great deal that is unjustly obtained with a curse at the heels of it But you will say That you do nothing but what you justly may do by the Laws of our Land and what others do and have done before you And truly I do think so too But I have fully answered this Allegation and as I suppose whatsoever else can be said in this Treatise And I ask of you Whether you conceive that Humane Laws and Acts of Parliament made by powerful Commands and either through fear or errour can make that which is against the Will and contrary to the Law of God to be no sin or free the sinner from God's wrath Or do you think that I stand against so many well-deserving Gentlemen of such means and friends and power as you are only for covetousness to gain the Rent of a few houses and no longer than the remainder of a poor old man's life Surely not any one that had but the least inch of worldly wisdom would do so For besides my pains and labour I have spent already and shall spend yet before the Church shall lose them perhaps ten times more than my span-long life shall gain by them And what of that I have done my best when I have lost them Et liberavi animam meam and shall leave to God Causam suam Let him arise and defend his own Cause but let men take heed how they strive against God or seek to obstruct his Service and cause the diminution of his Worship which I hope your Piety will never suffer any one of you to do And I shall pray for you all and assuredly remain Your affectionate friend and servant Gryffith Ossory THE CONTENTS of the Chapters Chap. I. AN Introduction shewing
of the Priests for his Service so he takes the Gifts and Donations and Oblations of the people unto himself saying Thou shalt give them me Exod. 22.30 So he calls the Church his House Matth. 21.13 and the Tythes his Tythes saying Will a man rob his God yet you have robbed me in Tythes and Offerings And for lands he saith You shall offer unto the Lord an holy portion Ezech. 45. 1. And the same Law S. Paul presseth under the Gospel as you may see in 1 Cor. 9.13 14. and 1 Tim. 5.17 18. For though we have some differences in the manner of God's Worship when as the Sacrifices and several Ceremonies are abolished yet there is the same substance for the Guides in God's Worship which is the reason of the Law as the Prophet Esay in the Name of the Lord hath foretold us when as prophesying of the state of Christ his Church and the Ministers thereof he saith And I will also take of them for Priests and Levites Esay 66.21 saith the Lord and not lay-men And therefore these things may not be sold away or alienated and impropriated from the Priests because that now God hath the best Interest therein and though before they were devoted given to him you might have told them alienated them or put them to what use you would yet now being God's proper goods even by your own Donation you may not without God's consent impropriate them from God and from his Service For As in the case of Marriage before the Marriage both the man and the woman are free to do what they please to marry or not to marry consensus partium and both their consents publickly attested by the Priest makes up the Marriage but after they are Marryed let them both consent as they will and as often as they will yet there desire and consent cannot dis-joyn them and dissolve the Marriage because that now God had a hand in the Marriage and whom God hath joyned together neither they themselves nor any man else may put assunder Even so it is in the case of devoted and consecrated things lands houses or what you will offered up as a Free-will-offering unto God Before you make your Oblation of them you may do with them what you please give them or not give them as the man might marry this woman or not marry her but when once they are offered and given unto God you must not make a mock of God and alienate or impropriate them from Him and his Service or if you do Solomon will tell you It is destruction and a snare to the man Prov. 20.25 which devoureth that which is sanctified or given to God and after vows to make inquiry and search for wayes to deprive God of them as now our men of War and many others do But if men gave 5 pound or 10 pound or other sum Obj. unto the Church for the furtherance of God's Service and to secure the same appointed lands worth 50 pound or a 100 pound to pay it unto the Bishop or other Ministers of the Church Will you have the lands and not rather still accept of the money that was to be paid out of those lands and was the true meaning of the Donor I answer God forbid that any man in such a case Sol. should desire to have any more than what was given and intended to be given for God accepteth of no unjust acquisitions and a just man requireth no unjust thing But when the whole is given to God no Bishop for love either to his wife or children or for any other gain should lett and lease that for 5 pound which is worth 50 pound or the like as I have shewed to you before But I know what our sacrilegious persons Obj. that take the Tythes of impropriations and the lands houses and possessions of the Church into their possessions will further object and say for themselves and against me That our Laws do allow them to do what they do and our Bishops that knew God's will as well or better than my self have formerly lett out the lands and houses belonging to the Church in fee-ferme and for a very small rent unto their Tenants and Fee-fermers and they do still lett out long leases of them unto their children and friends and therefore they are not to be blamed but if there be any fault herein it is in our selves and in our Predecessors To which Objection I shall answer but as I did before Sol. That tyrannical fierce and wilful Kings and Princes and wicked Governours See what I say in the Grand Rebellion c. 7. when they have once got power and authority into their hands as was King Henry the Eighth and the late Rebel and Usurper Crumwell will make what laws and force the people in their Parliament to give their consent to what Acts and â—â—tutes soever they please And do you think that such Laws can excuâ—â—â—ou for the breach of the Law of God And for our Bishops that do of have done such things to the prejudice of the Church and the great dishonour of our God I confess majus peccatum habent our sin is more than yours for we are but God's Stewards intrusted with the implements of his House and the revenues of his Church to be used and imployed not wastefully upon our selves in pride or upon our children to make them Knights or Lords and Ladies but for the best advantage and furtherance of God's Service and the honour of Jesus Christ as he hath commanded us to dispose of them and you know we must render an account of our Stewardship and how soon I know not and if we waste our Masters goods or take all or more than is due unto our selâ—â—â— â—hen we should dispose of it to other uses for the Service of our Masâ—â—r I know not how we shall answer it But I know that our greater sin in imbezelling and alienating our Masters goods and the Revenues of his Church will not quit and excuse you for your lesser sin in being copartners with us in this Sacriledge for as the receiver of any stollen goods is liable to the Law as well as the stealer of his neighbours goods so is the lessee as well as the lessor the detainer as well as the maker away of these unlawful Fee-ferms and long Leases of the Church-Revenues liable to the just judgement of God And therefore in this respect that the Donations and Free-will-offerings of religious and holy men were given not to men but to God and for the Honour and Service of God and the good of his Church the worthiest Bishops and best Prelates and Servants of Christ would rather suffer the greatest indignities and the heaviest wrath of the most powerful Commanders than they would yield to satisfie their desires that sought to take away or alienate the goods of God that were dedicated to him for the service of his Church For when at the instigation and
to passe them and though not for any offence that we saw in them yet for the scandall that might be taken at them we heartily wished they had never been so zealously propounded at that time But the Sectaries of London and the prevalent Faction in Parliament did with open mouth spend much time to the no small prejudice of the whole Kingdom and made many long Speeches to exclaim against them as against a Bundle of superstitions that obscured the purity of our Religion an introduction unto Popery and an intolerable unheard of the like invasion upon the liberty of the Subjects that revived again the Papal Tyranny which contrary to our Fundamental Laws have incroached to make Canons and Constitutions to bind our Consciences whereupon they canvas them and condemn them out of their house and the House of God out of the Church and Common-wealth and not only so but also the Contrivers of them and Consenters to them they terrifie and threaten to adjudge them sometimes with a praemunire to have forfeited all their goods and possessions and sometimes to be fin'd as we were at last with such a heavy Mulct as in all other mens judgement did far exceed the pretended offence especially of us that never consented to them And yet we find not only in Lindwood and others of our Canonists but also in the book of Martyrs and the rest of our English Histories that the Arch-Bishops within their Provinces have at several times made Canons and Constitutions for the Regulating of all the people committed to their charge without any suspicion of the least violation of our laws but the Faction say Sic volumus and the Houses of Parliament understand what is Law better then I do and therefore accordingly before the makers of them were called to make their answers by what Authority they made them or by what Law they could justify them they reject the Canons and censure their makers Yet notwithstanding their distast of them it is conceived by some that the Clergy having His Majesties writ to be convocated and leave to compose such Canons as they thought fit to be observed for the Honor of God the discharge of their duty and the good of the Church and having the Royal assent and approbation to all that they concluded which is all that I find the Statute provided in this case requireth though they should be defective or perhaps offensive in some circumstances yet if they be not legally abrogated after a full hearing of all parties and the Kings consent to reject them as it was to approve them they are still as binding and in as full force as ever they were though for mine own part I will not undertake the task to make that good when as both the Houses have condemned them but I say 4. This Scandal taken against these Canons 4. The appointing of a new framed Synod made way for the faction to call for a new Synod or Assembly of Divines for the rectifying of things amiss as well in Discipline as in Doctrine And in this new intended Synod the Divines are nominated not according to the rules and Canons of the Church and the Customs of all Nations Lay-men choosers of the Clergy as if a shepheard did choose pretious stones since the first Synod or Council of the Apostles by Divines that can best judg of their own abilities as when the spirit of the Prophets is subject to the Prophets but fearing the Clergy would have sent men that were too Orthodoxal for their faith they deprived them of their rights and forgetting their Protestation to defend the right of the Subject the choice is made by themselves that are Lay men and Young men and many of them perhaps Prophane men or at least not so religious nor so judicious as they ought to be for a business of this nature of so great concernment as the direction of our souls to their eternal bliss And now they being nominated we know most of them what they are men not only justly suspected to be ill disposed to the peace of our Church and too much addicted to innovation to alter the Government What manner of men they have chosen to reject and cast away the Book of Common-Prayer to oppose Episcopacy and to displcae the grave and godly Governours of Gods Church but also apparently fashioned to the humours of these their own Disciples who are to be the only judges of their determinations that although some few Canonical men and most Reverend Learned and Religious Bishops and others for fashion sake to blind the World are named amongst them yet when as in a Parliament so in a Synod the most desperate faction if they prove prevalent to be the major part will carry any thing in despite of the better part they shall stand but as Cyphers able to do nothing they might abolish our old established Government erect their own new invented Discipline and propagate their well affected Doctrine in all Churches for you may judge of them by their compeers Goodwin Burrows Arrow-Smith and the rest of their ignorant factious and schismatical Ministers that together with those intruding Mechanicks who without any calling either from God or man do step from the Botchers boord or their Horses stable into the Preachers Pulpit are the bellows which blow up this fire that threateneth the destruction of our Land like Shebah's trumpet to summon the people unto Rebellion and like the red Dragon in the Revelation which gave them all his poyson and made them eloquent to disgorge their malice and to cast forth floods of slanders after those that keep Loyalty to their Soveraign and to belch forth their unsavory reproaches against those that discover their affected ignorance and Seditious wickedness in defence of truth and are the Instruments of this faction to seduce the poor people to the desolation of the whole Kingdom if not timely prevented by their repentance and assistance to enable him whom God hath made our Protector to defend us against all such transcendent wickedness And these are the main ends for which they summoned such a new Synod of their furious and Fanatick teachers upon whose temper and fidelity I believe no wise man that knows them would lay the least weight of his souls felicity Whar Synod they should have chosen Whereas if they desired a Reformation of things amiss and not rather an alteration of our Religion and the abolition of our now setled Government they would have called for such a Synod as was in Queen Elizabeths time when the 39 Articles of our Religion were composed and such as they needed not to be ashamed to own in future times nor the best refuse to associate the rest for the illegality of their election for if there be any scandalous Governours as we deny not but there may be a Cham in the Ark a Judas amongst the Apostles and perhaps an unjustifiable Prelate among the Bishops as there was a proud
contrary to the practice of all former Parliaments and contrary to the Honour of any Parliament things were herein debated and carried not by strength of argument but by the most voices and the greater number were so far from understanding the validity of the alleadged Reasons that after the Votes passed they scarce conceived the state of the Question but thought it enough to be Clerks to Master Pym and to say Amen to Master Hampden by an implicite faith 3. When they deny the Members of their House or any other imployed by them in this horrid Rebellion should be questioned for Felony Treason 3. Denying their Members to be legally tried for any capital Crime Vide Dyer p. 59. 60. Crompton 8. b. 9 10 11. Elism post-nati 20 21. The viewer p. 43. Murder or the like capital Crimes but only in Parliament or at least by the leave of that House whereof they are Members or which doth imploy them for by this means any Member of their House may be a Traitor or a Murderer or a Robber whensoever he please and may easily escape before the party wronged or complainant can obtain this leave of the House of Commons and therefore this is as unreasonable and as sensless a Priviledge as ever was challenged and was never heard of till this Parliament For why should any man refuse his Tryal or the House deny their Members to the justice of the Law when as the deniall of them to be tryed by the Law implyeth a doubt in us of the innocency of those whom we will not submit to justice and their Tryal would make them live gloriously hereafter if they were found innocent and move the King to deliver those men that had so wickedly conspired their destruction to the like censure of the Law But for them to cry out The King is mis-informed and we dare not trust our selves upon a Tryal may be a way to preserve their safety but with the losse of their reputation and perhaps the destruction of many thousands of people If they say They are contented to be tried but by their own House which in the time of Parliament is the highest Court of justice It may be answered said a plain Rustick with the old Proverb Ask my fellow if I be a Thief For mine own part I reverence the justice of a Parliament in all other judgements betwixt party and party yea betwixt the King and any other Subject yet when the party accused shall be judged by his own Society his Brethren and his own Faction I believe any indifferent Judge would see this to be too great partiality against the King that he shall not have those whom he accuseth to be tried by the Laws already established and the ordinary course of Justice and if the Judges offend in their Sentence the Parliament hath full power undenied them by his Majesty to question and to punish those Judges as they did for that too palpable in justice as they conceived in the case of the Ship money but they will be judged by themselves and all that dissent from them must be at their mercy or destruction And yet it is said to be evident That no Priviledge can have its ground or commencement unlesse it be by Statute Grant or Prescription And by the Stat. 26. Hen. 8. cap. 13. it is enacted That no offender in any kind of high Treason shall have the priviledge of any manner of Sanctuary So all the Grants of such a priviledge if any such should be made are meerly void 1 Hen. 7. Staffords case and not one Instance could hitherto be produced whereby such a Priviledge was either allowed or claimed but the contrary most clearly proved by his Majesty out of Wentworths case And therefore seeing your own Law-books tell us That the Priviledge of Parliament doth not extend to Treason the breach of the Peace and as some think against the Kings debt it is apparent how grossely they do abuse the People by this claim of the Priviledge of Parliament 4. 4. Conniving with their Faction for any fault When they connive with their own compeers for any breach of priviledge as with Master Whitakers for searching Master Hampdens pockets and taking away his papers immediately after the abrupt breaking up of the last unhappy Parliament and those that discovered the names of them that differed in opinion from the rest of the Faction in the business of the Earl of Straffords and specially with that rabble of Brownists and Anabaptists which with unheard-of impudency durst ask that question publickly at the Bar Who they were that opposed the well-affected party in that House as if they meant to be eeven with them whosoever they were And likewise that unruly multitude of zealous Sectaries that were sent as I find it by Captain Ven and Isaac Pennington to cry Justice Justice Justice and No Bishops no Bishops and this to terrifie some of the Lords from the House and to awe the rest that should remain in the House as they had formerly done in the case of the Earl of Strafford and when others that they like not are for the least breach of pretended Priviledge either imprisoned or expelled for I assure my self there cannot be higher breaches of Priviledges than these be nor greater stains to obscure the Honour and vilifie the repute of this Parliament 5. The ingaging one another in civil causes 5. When there is such siding and ingaging one another in civil causes that they may be conglutinated together for their great Design to do things not according unto Justice but for their own ends contrary to all right and their favour is scarce worth the charge of attendance to them that speed best by their Ordinances but the complaint is that m n have the greatest injuries done them in this that themselves call the highest Court of Justice which others say hath now justified all other inferiour Courts and made all unrighteous Judges most just 6. The surreptitious carrying of businesses 6. When as we have been informed a matter of the greatest importance hath been debated and put unto the question and upon the question determined and the Bill once and again rejected yet at another time even the third time when the Faction had prepared the House for their own purpose and knew they could carry it by most voices the same question hath been resumed and determined quite contrary to the former determination when the House was more orderly convened as it is said they did to passe the Ordinance for the Militia which many men dare avouch to their faces to be no Priviledge of Parliament but a great abuse of their fellow-Members and a greater injury unto all their fellow-Subjects 7. Their partiall questioning of some men and no questioning of some others 7. When the elections of some of their Members have been questioned and others have been accused for no lesse than capital Crimes as Master Griffith was yet if these men
incline and conspire with this Faction to confirm those Positions which they proposed to themselves to overthrow the Church and State and to uphold their usurped Government and tyrannical Ordinances they will pretend twenty excuses as The great Affairs of the State The multiplicity of their businesses The necessity of procuring monies The shortnesse of their time though they sate almost three years already that they have no leisure to determine these questions which in truth they do purposely put off lest they should leese such a friend unto their party but when any other which dissenteth from their humours doth but any thing contrary to the straitest Rules of the House they do presently notwithstanding all their greatest affairs call that matter into question The L Digby in his Apolog. and it must be examined and followed with that eagernesse as in my Lord Digby's case that he must be forthwith condemned and excluded for we say This cannot be any just Priuiledge but an unjust proceeding of this Parliament 8. The delegating of their power to particular men 8. When they delegate their power to some men to do some things of themselves without the rest as it seems they did unto Master Pym when an Order passed under his sole test for taking away the Rails from the Communion Table for this is a course we never heard of in former time 9. The multiplying of their Priviledges 9. When their Priviledges are so infinitely grown and inlarged more than ever they were in former Parliaments and so swelled that they have now swallowed up almost all the Priviledges of other men so that they alone must do what they please and where they will in all Cities and in all Courts because they have the Priviledge of Parliament 10. When according to the great liberty of language 10. Their speaking and sitting in other Courts which we deny them not within their own wall they take the Priviledge to speak what they list in other places and to govern other Courts as they please where as they did in Dublin and do commonly in London they sit as Assistants with them that are priviledged by their Charters to be freed from such Controllers 11. When above all that hath been or can be spoken 11. Their close Committee they have made a close Committee of Safety as they call it which in the apprehension of all wise and honest men is not only a course most absurd and illegall but also most destructive to all true Priviledges and contrary to the equitable practice of all publick meetings that any one should be excluded from that which concerneth him as well as any of the rest And this Committee only which consisteth of a very few of the most pragmatical Members of their House must have all intelligences and privy counsels received and reserved among themselves and what they conclude upon must be reported to the House which must take all that they deliver upon trust and with an implicite Roman faith believe all that they say and assent to all that they do only because these forsooth are men to be confided in upon their bare word The greatnesse of this abuse when their House hath no power to administer an Oath unto any man in the greatest affairs happiness or destruction of the whole Kingdom for this is in a manner to make these men Kings more than the Roman Consuls and so as great a breach of Priviledge and abuse of Parliament as derogatory to his Majesty that called them to consult together and as injurious to all the people as can be named or imagined CHAP. XIV Sheweth how they have transgressed the publike Laws of the Land three wayes and of four miserable Consequences of their wicked doings 2. FOr those publike written and better known Laws of this Land 2. Against the publick laws of the Land they have no lesse violated and transgressed the same than the other and that as well in their execution and exposition as in their composition For 1. When they had caused the Archbishop of Canterbury to be committed to the Tower Judge Berkeley to the Sheriff of London 1. In the execution of the old Laws Sir George Ratcliffe to the Gate-house for no lesse crimes than high Treason and many other men to some other prisons for some other faults yet all the World seeth how long most of them have been kept in prison some a year some two some almost three and God only knoweth when these men intend to bring them to their legal tryal which delay of justice is not only an intolerable abuse to the present Subjects of this Kingdom to be so long deprived of their liberty upon a bare surmise but also a far greater injury to all posterity when this President shall be produced to be imitated by the succeeding Parliaments and to justifie the delayes of all inferiour Judges 2. Whereas we believe what Judge Bracton saith and Judge Britton likewise which lived in the time of Edward the first 2. In expounding the Laws Si disputatio oriatur justiciarii non possunt eam interpretari sed in dubiis obscuris Domini regis erit expectanda interpretatio voluntas Citatur à Domino Elism in post-nati p. 108. cùm ejus sit interpretari cujus est condere If any Dispute doth arise the Judges canot interpret the same but in all obscure and doubtful questions the interpretation and the will of the King is to be expected when as he that makes the Law is to be the expounder and interpreter of the Law Yet they have challenged and assumed to themselves such a power that their bare Vote without any Act of Parliament may expound or alter a known Law which if it were so they might make the Law as Pighius saith of the Scripture hke a nose of wax that may be fashioned and bended as they pleased but we do constantly maintain That the House of Commons hath no power to adjudge of any point or matter but to inform the Lords what they conceive and the House of Peers hath the power of Judicature which they are bound to do according to the Rules of the known established Laws and to that end they have the Judges to inform them of those cases and to explain those Laws wherein themselves are not so well experienced though now they sit in the House for cyphers even as some Clergy did many times in the Convocation and if any former Statute be so intricate and obscure that the Judges cannot well agree upon the right interpretation thereof then as in explaining Poynings Act and the like either in England or Ireland the makers of the Act that is the King and the major part of both Houses must explain the same 3. In composeing and setting forth new laws 3. Whereas we never knew that the House had any power to make Orders and Ordinances to bind any besides their own Members to observe them as Laws