ensued if they had been divided and separated in several Colleges and had had in consequence thereof a Negative upon each other as they then of necessity must But by uniting both Orders into one Council and Assembly distractions in Councils and impediments to the Affairs of Princes are avoided And we are assured of a more wise as well as an unanimous and more authoritative Result in all Councils and Debates which if the Octavo had duly considered he would not have depraved and disparaged this wise Constitution by comparing it to a nest of Boxes They were therefore for these great Reasons both Spiritual and Secular Lords united in the great Councils of Kingdoms and these two Orders of Nobles Spiritual and Secular became the two States which together with the Representatives of the People the third State made the Parliaments Diets and Convention of State under which Names the great Assembly which we call a Parliament in the several Sovereignties of Christian Europe hath respectively passed This hath been observed by the most learned Onuphrius Postquam verò juris imperii facta est eorundem Praelat electio quemadmodum ceteri Principes seculares Imperii tum Caesares qui de Religione bene merere volebant sine Imperii tamen praejudicio coeperunt Episc Abbates ob Religionem tanquam potiora Imperii membra prae caeteris Laicis Principibus honorare profana ditione ingentibus opibus honestare Arces Oppida Vrbes Marchias Ducatus Provincias Pedagia Telonia Vectigalia Portaria multa alia quae Imperii propria erant Episcopatibus concedere quae vel ex suis propriis bonis quae ad Imperium pertinebant vel ex alienis feudis erant Nam Laicis Principibus sine legitimo haerede mortuis eorum Provincias quae beneficiario jure ad Imperium pertinebant non aliis ampliûs Laicis Regulis sed Episcopis concedebat atque hac ratione omnes Episcopatus Abbatias Italiae Galliarum Germaniae imò totius Orbis Latini denique ipsum Pontificem Romanum ex pauperibus ditissimos maximos Principes fecerunt ex eis scilicet quibus quae antea Imperii juris erant in nulla re propterea Imperialia jura minui existimantes quippe quod certi essent eos omnes Praelatos a se designandos fore non nisi jussu suo voluntate Sacerdotia ipsa obtenturos Nicholaus Cusanus lib. 3. de Concordia Catholica cap. 27. attributes this Policy to Otho Secundus who saith he Vnico gaudens filio multis regnis cogitans difficile fore absque maximo labore tot regna in pace aliquamdiu servari posse insequens vestiga Avi sui Henrici Primi Ottonis Patris suum cogitatum ad res ecclesiasticas appulit considerans multa jam Religiosis locis per praesentes Reges donata summa pace gaudere quia verecundum erat Deo dicatis vim inferre animo ponderavit Ordinationem factam Synodo Romanae Ecclesiae de qua 63. Dist In Synodo Per quam perpetua dabatur potestas Imperatoribus Romanum Pontificem Cunctos sub Imperio Episcopos investiendi vel saltem eorum consensum semper concurrere debere celebrata Canonica Electione ut 63. Distinct NOS SANCTORVM Vnde hoc ponderans credidit perpetuis temporibus Imperio subjectis pacem dare posse si temporalia Dominia tam Romanae Ecclesiae quam aliis adjungerentur cum certi Servitii observatione tunc enim cultus Divinus augmentaretur Religionem in magnam Reverentiam exaltandam credidit quando sanctissimi magnae potentiae aliis Principibus intermiscerentur non posse tunc quosque voluntate in peccatis uti nulla publica sperabat unquam peccata Captorum depopulatorum agrorum communem pacem turbantium incendiariorum consimilium posse nutriri Ecclesiasticâ Sacrâ potestate potenti valenti resistente etiam praedones pauperum oppressores qui particulari regimini praeessent sic corrigi posse affirmabat ut sic absque Tyrannica Oppressione populus in Libertate vivere posset Imperio etiam tranquillissimo non dubitabat hanc Ordinationem esse utilissimam quando per annua servitia praestimonias quilibet Ecclesiae juxta quantitatem temporalium indictas Status Imperialis manu teneretur ac etiam multo major Imperii Potentia ex hoc appareret quod illis omninibus Dominiis ita Ecclesiis traditis nullus nisi per Imperium absque Successione percipi posset Who is desirous of more to this purpose may see Sigonius de Regno Italiae Bishops were made Dukes and Counts in France and also Peers in France and about this time out of the Princes Dukes and Counts the number of 12 were selected by the Kings of France and erected into the Title of the 12 Peers of France by which Dignity they became the Chief Councellors and Directors of State These twelve being chosen besides their being Peers in matters of Judgment in the Old Parliaments were Peers also in the management of the whole Kingdom and while their Greatness held were therein so Powerful that they added a Taste of Aristocracy to that great Monarchy not disagreable to the Title that our Peers assumed of being Pares Regis and having a Power Fraenum imponere Regi as Bracton tells us but he and his Law both are antiquated Of these six were Lay and six were Ecclesiastical but the Dignity of Pair is supposed in these Bishops not as they are Bishops but as being Dukes and Counts also that is in the first three viz. Rhemes Laon Langres as Dukes and of Beavois Chalous and Noyons as Counts These twelve Peers of France had such a Power towards the Ancient Kings of France as the Ephori of Sparta and the Justiciaries of Arragon had towards their Kings They were obliged to exercise that Power with Care and they did exert it towards their Kings What they did agreable to the Power assigned them in the Government was lawful and just nay their bounden Duty But certainly the Exercise of these Powers was against no Command of God For God makes no Government nor obligeth us to obey any but what are made by Men The Government it self is its own Measure It 's no Objection against the Lawfulness of any Government that it 's inconvenient if they like it notwithstanding whose Government it is But this Constitution was of advantage to Royal Families in that it made a kind of Entail of the Crown upon their Families and preserved the Monarchy and its Descent And besides had this farther Conveniency that it was under them impossible for a Nation or Kingdom to be undone in a trice for a Caprice of the Prince or destroyed to make a Fortune for some Up-start For the Sake of Mankind it is to be earnestly desired and prayed that such as they who derive no Honour from their Ancestors may leave none to their Children that themselves may survive their Honors and leave nothing of their
Regni definitum est quod Comes Johannes disseiseretur de omnibus Tenementis suis in Anglia Castella sua obsiderentur This is a Cause of Treason for that Richard the First immediately upon the demise of the Crown was King It can be no objection that this was not a formal Parliament for whether it was or no it seems the Bishops power in that Cause was allowed That it was Commune Concilium Regni and had the Nature of a Parliament And that the Bishops therein had a parity of Authority with the Temporal Lords But soon after his return King Richard held a Parliament at Notingham Hoveden mentions the Bishops that were present by Name In which Parliament our Historian tells us That the King Petiit sibi Judicium fieri de Comite Johanne fratre suo qui contra fidelitatem quam ei juraverat Castella sua occupaverat terras suas transmarinas destruxerat foedus contra eum cum inimico suo Rege Franciae contra eum inierat And the like Justice he required against the Bishop of Coventry for that he had adher'd Regi Franciae Comiti Johanni inimicis suis and it was thereupon adjudged Judicatum saith Hoveden quod Comes Johannes Episcopus Coventrensis peremptoriè citarentur si intra quadraginta dies non venerint nec Juri steterint Judicaverunt Comitem demeruisse regnum Episcopum Coventrensem subjacere judicio Episcoporum in eo quod Episcopus erat Judicio Laicorum in eo quod ipse Vicecomes Regis extiterat You see here the Bishops zeal and Loyalty that they adjoyn'd the censure of the Church which they had power of as Bishops to a Civil punishment which they with the Temporal Barons had Authority to pronounce against One of their own Order who was guilty of a design to engage a Nation in a War by opposing the lawful Successour to the Crown and this being so great a Cause We hear nothing here of any scruple the Canon gave them nor mention of any Priviledge of an Ecclesiastick to be exempt from the Judgment of the secular Court In the same Parliament Giraldus de Canavilla was accus'd of harbouring of Pirats and Praeterea saith Hoveden appellaverunt eum de Laesurâ Regiae Majestatis in eo quod ipse ad vocationem Justitiariorum Regis venire noluit nec juri stare de praedictâ receptatione raptorum neque eos ad Justitiam Regis producere sed respondet se esse hominem Comitis Johannis velle in Curiâ suâ Juri stare Hoveden tells us all that were present at this great Council Hubert Arch-Bishop of Canterbury Galfridus Arch-Bishop of York Hugh Bishop of Durham Hugh Bishop of Lincoln William Bishop of Ely William Bishop of Hereford Henry Bishop of Worcester Henry Bishop of Exeter and John Bishop of Carlisle Earl David Brother of the King of Scots Hamelinus Earl de Warrenna Ranulfus Earl of Chester William Earl of Feriers William Earl of Salisbury and Roger Bigot Let any one judge if it was likely that the Bishops did withdraw in the Case of Earl John or the said Bishop when besides them there were but six Barons present at that Parliament What manner of great Council would this Parliament have been that had consisted but of six Barons of what Authority would such a Parliament have been in the absence of the King and a troubled Estate of the Kingdom CHAP. VII IN the time of Edward the Second in the two Judgments against the Spencers the Right of the Bishops to judge in capital Causes in Parliament was carried so high in opinion that their presence was thought necessary to give Authority and validity to the Judgment of the House of Lords in such Cases and their absence was assigned for Error for Reversal of those Judgments for an Error that appears in the irregularity of the Proceedings is an allowable Cause for vacating the Judgment by the same Court that gave it And so far did that Opinion prevail that the presence of the Lords Spiritual was necessary to give Authority to a Judgment of that House that for this Cause because the Prelates were absent that Judgment was reversed Which opinion did arise upon this mistake that because the Lords Spiritual was one of the two States that made the House of Lords nothing could be done without their concurrence But though they are a distinct State from the Temporal Lords they make but one House and they are both there under one Notion and Reason viz. as they are both Lords Spiritual and Temporal the Baronage of England But let any man tell me that can whether if the Lords Spiritual had not been understood Judges in Parliament in Capital Causes it could have been a question whether their absence could avoid the Judgment in the Case of the Spencers much less that such an opinion should prevail that the Judgment should be as it was for that reason reversed And tho' the Reversal of that Judgment was set aside and the Judgment affirmed in 1 E. 3. Yet the publick Recognition of the Bishops Right in the Reversal remains an undeniable Testimony to their Right of sitting Tho' the Reversal of that Judgment was not warrantable for the reason of the Bishops absence as it could not have been reversed by reason of the absence of as many Temporal Barons if there remained enough besides to make a House to give the Judgment And yet we find the Reversal of the Reversal reversed in 21 R. 2. and the Family of the Spencers restored in the person of the Earl of Glocester So prevalent was the opinion that the Bishops Concurrence was necessary in all capital Judgments in Parliament at that time For this see Sir Robert Cottons Abridgment fol. 373. Yet it is observable that the consequence from the Bishops being a third State and an Essential constituent part of that House to a necessity of their presence in all judicial matters even of Capital Offences and Treason did so stick with that Age for they then in that Age did no more know what three States served for or that they both made but one House than some in our time can tell how to find them For that very Reason in 21 R. 2. the first Petition that the Commons made in that Parliament to the King was for that diverse Judgments were heretofore undone for that the Clergy were not present The Commons prayed the King that the Clergy would appoint some to be their Common Proctor with sufficient Authority thereunto The Prelates therefore being severally examined appointed Sir Thomas de la Piercy to assent The words of which Petition and the procuratory Letters for greater Authority and more satisfaction I have thought fit to transcribe Nos Thomas Cantuar. Robertus Eborac Archiepiscopi ac Praelati Clerus utriusque Provinciae Cantuar. Ebor. jure Ecclesiarum nostrarum Temporalium earundem habentes jus interessendi in singulis Parliamentis Domini nostri Regis
needs no more than to raise a fit of laughter upon it which has the same effect with the men of Wit and their vain admirers as reducing a false proposition to an absurdity Thus the reason of this age is governed by our risibility The Popish Writers have thus tickled us with their Wit that we are ready to dye and perish laughing and we know not nor care to Judge what does truly concern our preservation And by improving the vanity of some youngsters they have drawn them to question the Truth of the Popish Plot and some can believe every hour of the day when they meet with a merry Popish Pamphlet that there is a Protestant Plot on foot though they believe it I am sure not much longer than they are reading it I will not grudge my pains in furnishing a short Demonstration of the Popish Plot since it is of such importance to the saving of these men and the whole Nation which possibly may fix their minds notwithstanding so vain they be into a belief of it which I have made short that it may be the better remembred which I do in kindness to them since it was lately and may be so again shortly a criminal matter to bring the truth of it into question and they are by all honest men reckoned as Plotters themselves who doubt it The Plot has been declared by the Kings Proclamation and four Parliaments one of them consisting of Pensioners and Dependents on the Court which for eighteen years together were giving Demonstrations of their Loyalty to their Prince almost forgetting the publick Weal A solemn National Fast has been Indicted by the Civil and Ecclesiastical Authority of the Kingdom for averting the mischiefs thereby designed and solemnly Celebrated by the whole Nation in which certainly they did not mock God and deride his providence Many unparalleld Villanies have been committed for the stifling concealing and suppressing the discovery of it which however wicked the Papistical sort of base false and degenerate Christians are we cannot without breach of Charity towards them think they would commit cheaply and without cause and to no purpose They have murdered a Minister of Justice because he had the knowledge of it and left nothing undone that they thought necessary to Assacinate another for strenuously opposing it They have attempted upon the Lives of our Witnesses by perjuries and forgeries they have endeavored to charge them with the most infamous crimes endeavored to destroy them in their Lives and Reputations too in a forme of Justice They have attempted by fears and rewards upon the integrity of all our Witnesses to draw them to retract their Testimony against the Plot for which some of their Agents have been judicially censured One Gentleman to the Pillory Fined a 1000 l. and Condemned to a years imprisonment so evident and notorious was his offence and by the Court thought so heinous That it provoked the passion of the Court and they seemed to exceed the ordinary Rules of Justice for that they judged the Case to be of an exorbitant and transcendent nature The Plot of the Meal Tub is so sublimated a piece of wickedness the last accomplishment of villany it hath out-done all former and will never be out-done in after ages The Papists by the Discovery of the first Plot became less hopeful in a Massacre and of effecting their purpose by force They dare not now kill the King for that the World would not now believe it to be done by Mr. Claypole and his accomplices which must have born the blame from the Papists and he and they long since Executed as Traitors if that part of the Plot against the Kings Life had not been prevented by being detected I say the first design of the Plot being rendered less feasible by the discovery they keep the King alive with care as well for their avoiding the rage of the Nation as to lessen the credit of the Plot But contrive to destroy as many as they thought fit to be Massacred in forme of a legal process and to charge them with a design of raising Rebellion against the King They had made a List of a great number whom they intended to charge principal Nobles and worthy Gentlemen about the Town had prepared witnesses to swear the charge against them and would with more ease after the first Conviction and Execution have sworn all that they had a mind to destroy into the same guilt And thus all the truly Religious the noble good and virtuous of our Nation that had courage enough to own assert and defend the true Christianity and our Government must to the eternal dishonor of our Nation and Religion have suffered the execrable death of Traitors We have reason to think them humane when they only designed a Gun-powder Treason or a Massacre and our abhorrence of this usage dischargeth in us all reluctancy to Martyrdom Let them bring us to the Stake as Martyrs then we shall bear our Testimony to the truth of the best Religion and our Lives will not be cheaply lost but by this means we must be forced to dishonor this Religion by our deaths by a Massacre or a Gun-powder Plot the vileness cruelty and treachery of that Apostate Church had been declared to all the World and that false Religion as well as the professors of it had been rendered detestable for which end a good man would scarce refuse to dye but by this means they would have forced us to personate their own proper Crimes and Villanies and dishonor our own peaceable and holy Religion A man of Honor prefers his Honor to his Life and would redeem it by his Death But by this means we were though innocent to lose our Lives by dishonor and to fasten a stain upon our Memories by our death The Priests their impudent Lyes at their deaths in denying the matters of the Plot of which they were upon clear evidence Convicted and Sentenced must have past for truths and all our worthy men dying with protestations of their innocence must to the everlasting infamy of our Religion and Nation been accounted false and impious at their last breath there is no reason to be assign'd of the patience of God or Man towards such miscreants but that they may have time to add one impiety to another until an easie vengeance triumphs over them for though this last mentioned Plot is cleared beyond all exception their Faces are hardened and they are not yet ashamed but have since contrived and suborned Witnesses to swear the very Discovery of the first Plot to be a false contrivance of a Plot against the Papists To this purpose they suborned a Son by perjury to commit parricide against his Father the greatest Sin against Earth the other the greatest affront against Heaven What a Religion is this that must be thus supported Nay as if they did not fear or care to loose the favour of their most indulgent Prince which they have possest since he
recommend to all ingenious Gentlemen that would be rightly instructed and informed neither deceive others nor would be deceived themselves as they love truth and virtue wisdom and sober thoughts to dispise this sort of wit in others and repress it in themselves And never allow it to be used but in the hours of mirth in the Relaxations of their minds from serious Contemplations and matters grave and weighty where this prophane thing wit ought always to be shut out with care Enough hath been said for rectifying the mistakes of any true Protestant especially any Clergy-man of the Church of England which you have objected against them about Government or Parliament dissenters from the Church of England and Popery Especially when it is made apparent that these mistakes are made serviceable to the Popish Plot and the means which that party prosecute to compass and bring about the ruine of our Church But that nothing may be wanting that lyes in my poor power for pulling their Foot out of the Snare I shall more distinctly consider them First I shall desire them to consider what our Government is and where the true knowledge of it is to be found And where can it be found but in our Statute Books the Commentaries of our Law the Histories of our Government and of the Kingdom Search them if you be at leisure if you are not consult those that have read them and whose business and employment it is to understand them and you cannot fail to be informed That the King hath no power to make Laws that both Houses of Parliament must joyn with the King in making a Law It can with no more reason be concluded that the King hath the Legislative power because his Assent makes the Bills in Parliament Laws than it can because the third Unit added to two makes a Triad that the other two do not go to the making of that number when a matter 's moved from the King in Parliament to pass into a Law the Commons consent last The Letters Patents of Ed. Sir E. Cook 8 R. 3. for making the Eldest Son of a King in Succession Prince of Wales and Duke of Cornwall was confirmed as there must have been otherwise they would have been void by the House of Commons And yet we will not say that the House of Commons can make a Prince of Wales or Duke of Cornwall And yet upon no better reason than this some men will talk as if they believed themselves that the Legislative power is in the King when no King of England yet ever pretended to it but by their process of Law have punished such officious and mischievous Knaves They will tell you that the Laws are the measures of our Allegiance and the Kings Prerogative and declare the terms of Obedience and Government That a Legislative authority is necessary to every Government and therefore we ought not to want it and therefore Parliaments in which our Government hath placed the making of Laws cannot be long discontinued nor their Conventions rendred illusory and in vain which is all one as to want them That to Govern by Laws implieth that great fundamental Law that new Laws shall be made upon new emergencies and for avoiding unsufferable mischiefs to the State By the Statutes of 4 Ed. 3. c. 14.36 Ed. 3. c. 10. it is provided that Parliaments be holden once every year The Statute of this King required a Parliament every three years which being an affirmatory Law doth not derogate from those of Ed. the 3. But if the King doth not call a Parliament once in a year He neglects these Laws and if he delays calling a Parliament three years he neglects the other Law of his own time to And for that he is by the Law intrusted with the calling of Parliaments He is at liberty to call them within the times appointed And that Laws ought to be made for Redress of mischiefs that may ensue appears by the Statute of provisors 25. E. 3. cap. 23. In which we have these words Whereupon the Commons have prayed our said Soveraign Lord the King that sith the right of the Crown of England and the Law of the said Realm is such that upon the mischiefs Dammage which happeneth to this Realm he ought and is bound of the Accord of his said People in his Parliament thereof to make Remedy and Law in avoiding the mischief and dammage which whereof cometh which that King agreed to by his Royal Assent thereto given I dare be bold to say that never any Bill in Parliament was lost and wanted the Royal Assent that was promoted by the general desires of the people If Popery therefore which is the greatest mischief to us that ever threatned this Kingdom can be kept out by a Law we ought to have such a Law and nothing can hinder such a Law to be past for that purpose but want of an universal desire to have it I desire these Gentlemen to consider how they will answer it to their Saviour at the last day if they suffer his true Religion and the professors of it to be destroyed and persecuted when nothing but their desires of a thing lawful to be had and of right due was requisite to prevent it Their sufferings will be just and righteous from God if their sin occasioneth it and very uncomfortable to themselves The extent of the Legislative authority is no where to be understood but by our Acts of Parliament in which it hath been exercised and used and by such Acts that declare the extent of its power by the 13. Eliz. cap. 1. it is made Treason during that Queens Life and forfeiture of Goods and Chattels afterwards To hold maintain and affirm that the Queen by the Authority of the Parliament of England is not able to make Laws and Statutes of sufficient force and validity to limit and bind the Crown of this Realm and the descent limitation inheritance and Government thereof And this authority was exercised by Entailing the Crown in Parliaments in the times of Richard the 2d Henry the 4th Henry the 6th Edward the 4th Richard the 3d. Henry the 7th thrice in the time of Henry the 8th and upon the Marriage of Queen Mary to King Philip of Spain both the Crowns of England and Spain were Entailed whereby it was provided that of the several Children to be begotten upon the Queen one was to have the Crown of England another Spain another the Low-Countries The Articles of Marriage to this purpose were confirmed by Act of Parliament Those that are truly Loyal to our present Sovereign have reason to recognize with high satisfaction that such a power of altering and limiting the descent of the Crown is duly lodged in the King and States of the Realm For under the authority of an Act of Parliament of the Kingdom of Scotland we derive our selves to the happiness of his Government and and He his title to the Crown of Scotland which drew to
Authority or weight enough to perswade the contrary or an alteration therein notwithstanding that complaint which he tells us was made in the 45 of E. 3. fol. by the two Houses Counts Barons and Commons to the King how the Government of the Kingdom had been a long time in the hands of the Clergy Per cet grant mischiefs dammages sont avenuz en temps passe pluis purroit eschire en temps avenir al disherison de la Coronne grant prejudice du Royalme Whereby great mischiefs and damages have happened in times past and more may fall out in time to come to the disherison of the Crown and great prejudice to the Realm And therefore they humbly pray the King that he would imploy Laymen This they had too much reason to desire then when the Pope had advanced his Authority over them and put them under Oaths of Canonical obedience which rendred them less fit to be intrusted in the Government of this Kingdom who were become Subjects of another Empire usurping continually upon us which will never be our Case again if the Bishops can help it CHAP. III. ANd now we proceed to the Precedents of which the Octavo Book principally consists which seem as that Author and the other in Folio would have it to be not only a discontinuance of the Right of the Bishops to judge in Capital Causes but an argumentative proof that they never had any because it can as they say be never proved to be otherwise Immemorial time I confess is a great evidence of the right whether In non user or user and a fair reason to allow or deny the pretence and therefore we will now consider the Precedents As for the argumentative and discoursive parts of those books they will fall in to be answered by way of Objection when we are discoursing and proving the affirmative part of the Question and will best be reproved by being placed near the light of our reasons for establishing the Right of the Prelates If we do not give some satisfaction to these Precedents whatever we shall say I know can signifie no more than an Argument to prove a thing not true which is possible de facto testified by unexceptionable witnesses for such the Precedents will be taken until exceptions are made to their Testimony The Precedents produced by the two Authors are mostly the same only the Octavo hath more than what the Folio Book hath recited The first case that the Octavo produceth against the Lords Spiritual their Right of being Judges in Parliament in Capital Causes is that of Roger Mortimer Earl of March Simon Beresford and others who were no Peers and yet tryed in Parliament and no Bishops present and we agree it probable for his reason because there is mention made of Counts Barons and Peers and Peers being named after Barons could not comprehend the Bishops And because we think it reasonable when the orders of that House are particularly enumerated that the order omitted should be intended absent but we will not allow but that Peers is and so is Grants comprehensive of Bishops Nor will we when the entry is General intend the Bishops absent except he cannot otherwise prove them absent which we mention in the entry once for all as just and common measures between us in this dispute It will appear true what we affirm of the words Peers and Grants by what follows And if we should not insist upon their being present when nothing appears to the contrary we should do wrong to the Cause But to come to the consideration of this Precedent Is this a just Precedent Is not Magna Charta hereby violated Are not the proceedings altogether illegal Here are Commoners tryed by Peers in Parliament It is well known that the high displeasure of the King was concerned and that he did interpose with a plenitude of Power in this particular case against the fundamental constitutions of the Government the greatest crime of this Earl was too much familiarity with the Kings Mother Indignation and Revenge and not Justice formed the Process It was proceeded to condemn him Judicio Zeli upon pretence of the Notoriety of the fact Sir Robert Cotton in his abridgment tells us Anno 4. Ed. 3. That the King charged the Peers who as Judges of the Land by the Kings assent adjudged that the said Roger as a Traytor should be drawn and hanged The Bishops were not present certainly they were none of the Judges that gave Judgment as the King pronounced without Cognisance of the Cause The King had more Honour for their Order than to call then to such Drudgery and service of the Crown The iniquity of the sentence appears by the reversal thereof in Parliament 25 Ed. 3. in which the Original Record is recited Sir Robert Cotton in his Abridgment tells us That this Earl being condemned of certain points whereof he deserved commendation and for other altogether untrue surmises there was a Bill brought into the Lords House for the reversal of the Judgment and it was reverst by Act of Parliament indeed it could not be otherways reverst for no Court can judicially reverse their own Judgment for Error in Law and Judgment in the Lords House being the dernier Resort cannot be repealed but undone it may be by themselves in their legislative Capacity Here saith the Octavo the Bishops were not present at the passing of that Bill but yet the Octavo Gentleman will not pretend that the Bishops are to be excluded in any Acts of Legislation Why therefore was he so willing to impose upon the people so falsely and unrighteously and to produce this as a Precedent against the Bishops Right of Session in matters of that Nature by himself recognized There is nothing can excuse him herein for he is certainly self-condemned of undue Art in thiâ— matter In 20 R. 2. the Case of Sir Thomas Haxey happen'd which the Octavo book page 20 produceth against us He was forsooth condemned in Parliament for that he had preferred a Bill in the House of Commons for regulating the outragious Expences of the Kings House particularly of Bishops and Ladies Haxey was for this tryed and condemned to death for it in Parliament And here appears to be no Bishops and there ought not to have been any for these reasons First that the Bishops were the parties wronged and therefore could not in any fitness give sentence But Secondly if that was not in the Case that that caus'd the process was Royall anger upon a great faction of State in which I believe the Bishops were not engaged made for deposing of Rich. the 2d that was understood by the King to be in acting and promoted by Sir Thomas Haxey by his Bill It was this made the sentence altogether abhorrent from legal justice in matter and form Here was a Tryall of a Commoner by Peers a matter made Treason that did participate nothing of the nature of Treason But the discreet Gentleman
Fortunes to their Children but what they themselves could deserve viz. Hate and Infamy All Usurpation and Encroachment of Power is to be opposed where it can be lawfully as the greatest Mischief and the Ministers to the Designs hated and detested as the most pernicious and loathsome Vermine CHHP. XV. BUt to return agreable to this Policy of Sovereign Princes who had the Donation of Bishopricks of advancing Bishops to the highest secular Dignities and Trust William the Conqueror did create Bishops into Barons and exacted the Services and Counsells of Barons in the Great Council of the Kingdom by putting their Lands under Tenure by Barony he gave them no new Endowments but as a Conqueror he confirmed their Ancient Possessions under a new reserv'd Tenure and annex'd to their Order a Secular Honor a successive Baronage Since the Conquerour the title of Baron took the place of that of Thane which was likewise a Feudal Honour in the Saxons time By William the Conquerour Baronies were feudal and in congruity to the State of the Lay Nobles he made the Bishops feudal Barons for there was no other than feudal Nobility at that time It will not be amiss nor time mispent here to give a short account of the Government in the Conquerours time of the Baronage by him introduced and the policy thereof and of the change made in the Baronage of England in after time Because from thence we must derive the Bishops Right now in question which is included and virtually contained in their Right of Baronage Hereby it will appear that the Bishops were of the Barones majores and of the Barones majores the first in Dignity that they became feudal Barons in the Conquerour's time and when the reason of our Baronage changed and no man continued a Baron ratione tenurae it cannot with reason be said that the Bishops are Barons onely for the sake of their Lands which our Adversaries do insist upon for that they think it is an abatement to the Honour of Peerage and a prejudice to their Right in question but because it has been said before by men of Authority in the Law and grown up to be a vulgar error we will now discharge the mistake by affixing here the History and Reason of the change It was the policy of the first William for some are so critical they will not call him Conquerour to create new Tenures upon all the great Possessions of the Realm and impose upon the principal men to hold their Lands of him in capite under such Services that were necessary in peace and war for State and Justice and by putting all the considerable men of the Realm under Oaths of Fealty incident to those Tenures besides the Oaths of Allegeance he provided for the establishment of his Conquest or his possession of the Crown without title The principal men of the Realm both Ecclesiastical and Lay hereby were not onely obliged to support but to become part of the Government and were obliged to be Ministers of Justice and also Members of the great Council of the Kingdom or Parliament which was now to be made up principally of his Dependents by which he changed the constitution of the great Council in the Saxons times in the balance of that equal sort of Government the consequent mischiefs whereof this Kingdom laboured under untill we recovered it again by an equal representative of the Commons in Parliament in the time of King Henry the Third The power of the Baronage proved equally oppressive to the people and came in that time to be reduced irreverent to the Crown By this policy the Conquerour intended to establish his Conquest to secure to himself and his posterity the Imperial Crown of England imagining that otherwise he should have been but a precarious King He had now turn'd the Kingdom upon the matter into one great Mannor and kept his Courts called the Curia Regis in the nature of a Sovereign Court Baron now become more frequented and solemn than that Court was before the Conquest thrice in every Year at stated Times and Places viz. at Easter at Winchester at Whitsuntide at Westminster and at Christmas at Gloucester at these times and places all his Tenants which were all the considerable Free-holders of England attended of course and upon a General Summons at any other time or place appointed by the King as his Affairs did require they were bound likewise to attend In these Courts the Suitors swore Fealty did renew and confirm their Obligations to the Crown and the King became more assured of their Allegiance by their Personal Attendance and by his Royal Entertainments of them at such times In these Courts they recognized their own Services and the Rights of the King their Lord and assessed Aids and Estuage Prestations due to the Crown by their Tenures upon themselves to which in general they were obliged by their Tenures In these Conventions the Right of the Suitors the King's Tenants were adjudged as Private Lords had Judgment of the Right of Lands in pretence held of them in Fee in their several Manors as they have to this day But if Right was not done by the Lord the Cause was to be removed to this Curia Regis the King being Lord Paramount of whom all Estates mediately or immediately were held Which appears by the Form of the Writ of Right now in use which we will transcribe N. B. precipimus tibi quod sine dilatione plenum Rectum teneas A. de B. de uno Messuagio L. in I quae clamat tenere de te per liberum Servitium unius denarii per annum pro omni servitio quod W. de T. ei deforciat nisi feceris Vicecomes faciatne amplius inde Clamorem audiamus pro defectu Recti The Common Pleas was not then a Court and at this time the Appeal and resort to the King was in this Court if Justice was not done by the Lord or Sheriff So that the greatest part of the Justice of the Nation was administred in those Assemblies But it must not be understood that this vast Convention was a Court of Judicature for every Cause neither that it was formally a Parliament without some farther Act of the King for erecting that Convention into the great Council of the Nation But in this Curia Regis they were obliged to answer the King's Writs of Summons Writs of Commission and obey his Appointments in the Ordinary Administration of Justice in which the Capitalis Justiciarius or Justitia was to preside That this was not a Judicature the vast numbers of those that made it the inequality of the Persons considered under the Common Reason of being Tenants in Capite and Barons whereby they became indifferently members of the Curia Regis besides the neglect that must necessarily be presumed in the greatest part of such a Body to the business of Jurisdiction and judging of Rights without particular Designation thereto do sufficiently argue and evince But
established that those that were not Barones majores qui tenent de nobis in capite should be generally summoned It is observable that the Barones minores are so mentioned as if the name of Barons were not to belong to them Agreeable thereto is that we have mentioned in the style of our Parliaments of Milites liberè tenentes alii fideles and are all involved in this general Et universi de Baronagio Regni Angliae Several Instances of this are in Mr. Petyt aforementioned p. 111 112 113 114 115 116. besides that many Instances of the like Stile of Parliaments in those times are obvious That our Parliaments in those times were thus constituted is so clear that it cannot be dissembled But I do not deny but upon a change in the Succession to the Crown there might have been in this time extraordinary Conventions of the People to declare their Universal Assent for better assuring such Successor discountenancing the Rival Prince and preserving the Peace as in the Case of William the Second Henry the first King Stephen and King John which hath been usual in other Countreys in mighty Distresses of State such were in use amongst the Jews Josephus calls such an Assembly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Grotius in his Annot. p. 200. rells us Solitos fuisse Judaeos interdum in rebus ad summam Religionis aut Imperii spectantibus advocare ad Synedrium quotquot habere poterant tribuum primores aliisve honoribus praeditos ut quod constituerunt legis potius a populo probatae quam Senatus consulti haberet auctoritatem With the assent of such an Assembly as this at least King John should only if so have made this Kingdom Tributary to the Pope though I believe what he did in it he did without and against the Assent of that Parliament in which he could only therefore offer to do it He did no more effectivè than of Right he could which is nothing That which was done was without the Consent of his Bishops and Barons as appears by a Letter of his to the Pope in those words recited by Mr. Petyt in his mentioned Book Cum Comites Barones Angliae nobis devoti essent antequam Nos nostram Terram Domino vestro subjicere curassemus Extunc in Nos specialiter ob hoc sicut publicè dicunt violenter insurgunt And by another Letter of his to the Pope recited p. 163. Wherein he complains of the Bishops Disobedience on this Occasion which I the rather take notice of that the Cause of our Government might not be betrayed by depending upon such weak Inferences as those viz. that there was a House of Commons at that time which did not consent to the vassallating of the Kingdom by King John to the Pope For that otherwise it could have been validly done And that if our present House of Commons in the same Form as it is now constituted was not in Being ever after the Conquest it is not therefore an Essential part of our Government For if our Government must take its Fate upon such Issues as these I am sure we shall not long hold it The greatest Truths are betrayed by weak Proofs and the clearest Right sometimes lost by putting it upon an uncertain or improbable Issue This is certain that whatever thing of Government is introduced by the Consent of the Prince and that Alteration assented to and embraced avowed and owned by every man of the Community by Actions and other open Declarations of a full Consent and this continued for Centuries of Years and in all that time applauded and found agreable to the Interest of the Prince and People and the Old Government abolish'd and impracticable the very matter of its ceasing and it become a thing impossible as well as not desireable to restore it I say whatever Constitution is thus introduced and established is as unmoveable as unalterable or no Government is as if it had been ever so For there can be no Government in this World that is eternal how this Change came we shall speak to by and by But for the sake of Truth I must confess that I have no reason to believe that the Counties in all this time had their Representatives in Parliament by the formality of a Choice But this is a great mistake that the People cannot be represented but by such as are from time to time chosen by them when as every Government is the Representative of the People in what they are to be governed by it and by their Consent to it in the first erecting thereof they do trust their Governors with the Rule and Order of their Lives and Estates for the Common-weal For Government as well as Law is Republicae communis sponsio to use Bracton's Words I cannot easily tell which is more eligible for the assuring us of good Men in the Common Council of the Kingdom whether the Choice and Designation of a Person thereto by his Character and a General Rule or by the contingent Suffrages of the People But they are I am sure as much our Representatives who are appointed thereto by the Constitutions of the Government embraced and consented to by the People as those are whom the People nominate for that purpose I know no reason therefore why any should think that nothing is stable in our Government but what hath been ever so and in the same Form or that any man should be so affrighted with the Objection as if it made our Government shake which some slight Antiquaries for little Learning in Antiquity will serve for that purpose That our Parliament was not at all times such it is at this day It sufficeth to me that it was always materially the same When the Conqueror did innovate his Tenures in Capite and made all men of great Estates Barons and by their Tenures and Estates Members of Parliament we had then such Laws quas vulgus elegerit and then we had materially our three Estates though not so well sized and sorted as since I thought fit to say this for the preventing the World's being troubled with such Impertinent Labors and to divert those that thus employ themselves to undertakings more useful to the Publick and advantageous to themselves We had then I say many great Freeholders in every County that by their Tenures were Members of Parliament whereas now we have but two and though the People did not chuse them yet the men of that Order seem chosen once for all interpretatively by the People in their consent to the Government and they might be reasonably presumed to be faithful to the Commonweal from their own great Concernments therein In this Constitution scarce any man that was fit to be chosen but was without the Peoples choice a Member of Parliament as now they have more who are fit to be chosen than they can chuse So that the Barones minores were then instead of Knights of the Shire and the Barones majores Bishops and
Earls did then as now make the Parliament Besides the Barones majores and minores there was at this time a distinction between the Barones Regis and Barones Regni which I will here explain to prevent any mistake that may grow thereupon The Barones Regni were Barons by Tenure and made part of the Government by the Constitution of the first William and so in process of time called Barones Regni because they had by continuance of that Constitution acquired a fixed right to that Honour But because of the frequent Wars between the Barons and the Kings at that time they did omit to summon some who were Barons by Tenure and now duly called Barones Regni to Parliament and called others to Parliament that had no right to be called ratione tenurae and these they called Barones Regis This was ill taken by the Lords and was one of the occasions of their War with King John upon which they did obtain his Charter for remedy as followeth Barones majores Regni sigillatim summoniri faceret The truth of this as to the fact will appear by the Histories of those times and that this is the reason of that distinction of Barones Regis and Barones Regni doth appear by the recited Charter of King John where the majores Barones are called Barones Regni for the Barons were more concerned for the losing of their Honours than they were at the communication of the like Honours to others and with reason though all Honours are lessened by the numbers of those participate of them The inconveniences and mischiefs of this Constitution were very great and very sensible by making the Government consist of one Order there was no third to moderate and hold the balance The Honour of the great Nobility was lessened by an Equality of Suffrage in the great Council of the Kingdom yielded to the Tenents in capite and were not so concerned to support the Dignity of the Crown for the maintaining their own which in that Constitution could not be great It had the faults of either House and the virtues of neither they pressed hard upon the King and were uneasie and oppressive to the People they were not reverent of the Crown nor tender of common right The great Charter provides against the Oppressions of great men as it doth for bounding the Prerogative Our mixt Monarchy was out of tune by the Aristocratical Power of the Baronage now become too excessive by the policy of the Conquerour by advancing too great numbers to that Dignity too great to depend upon the Crown or to be govern'd by it unassisted That which the first William intended and designed for the establishment of his Conquest and of the Peace of the Kingdom made it very easie to afflict bad Princes But by several steps we recovered being taught and instructed to it by our Experience and the sufferance of great Calamities such a Representative that might most certainly effect what in all Ages was intended and designed that nothing should be Law or civilly just but what the People assent to by which their Persons and Rights are secured and defended which is the sole end of Government But evident it is that this more equal clear representative which we now enjoy in our House of Commons grew upon the reducement of the excessive number of Barons so great that it made them a Tumult rather than an Assembly and for the reducement of the power of the greater Barons for in the Parliament of 49 H. 3. when but 25 Lay Barons were summoned tho' in the 41 year of his Reign he numbered 250 great Baronies in England we find Writs for electing to a Parliament at London two Knights Citizens and Burgesses and Barons for the Cinque-Ports before that time none were found nor any Foot-steps of Right for the Counties sending Knights to Parliament though there is a clear Right appears for the Burroughs to send Burgesses which we shall speak to afterwards It will not be impertinent here to add that the Government of Scotland which runs parallel almost to our English Government found it inconvenient that all the Tenants in Capite should resort to their Parliaments and therefore they were reduc'd in this manner viz. their Barones Minores or Tenants in Capite in every County choose two of ther own number to Parliaments which at this day they call the Barons for Counties whereas all our Free-holders choose their Knights of the Shire and our Elections are not restrained to Tenants in Capite And this made it more reasonable for our Representatives of Shires together with the Burgesses to become in process of time a distinct Lower House whereas their Barons of Shires set together with the Lords and vote in Common with them The Knights of the Shire which made the principal part of the Representative of the Commons having no Relation to the House of Peers or the Baronage of England because chosen by all the Feee-holders indifferently though not Tenants in Capite But to return to our History that deduceth the Change of our Government That some great matters for publick Good and Establishment of the peace of the King and Kingdom was treated of in this Parliament they did to be sure establish this new Form of a Parliament will appear by a Form of a Writ of Summons to the Bishop of Durham to that Parliament which I will here transcribe Henricus Dei gratia Rex Angliae Dominus Hiberniae Dux Aquitaniae venerabili in Christo patri R. Episcopo Dunelmensi salutem Cum post gravia turbationum discriminia dudum habita in Regno Nostro Charissimus filius Edwardus primogenitus noster pro pace in regno nostro assecuranda firmanda obses traditus extitisset jam sedata benedictus Deus turbatione praedicta super deliberatione ejusdem salubriter providenda plena securitate tranquillitate pacis ad honorem Dei utilitate totius Regni nostri firmanda totaliter complenda ac super quibusdam aliis Regni nostri negotiis quae sine Consilio vestro aliorum Praelatorum magnatum nostrorum nolumus expediri cum eisdem tractatum habere nos oportet vobis mandamus Rogantes in fide dilectione quibus nobis tenemini quod omni occasione postposita negotiis aliis praetermissis sitis ad nos Londiniis in octabis Sancti Hilarii proximo futuris nobiscum cum praedictis Prelatis magnatibus nostris quos ibidem vocari secimus super praemissis tractaturis consilium impensuris hoc sicut nos honorem nostrum vestrum necnon communem Regni nostri tranquillitatem diligitis nullatenus omittatis Dors Claus 49 H. 3. M. 11. in Scedulae I strongly incline to believe That this King did call in the Commons by their representatives the Barones Minores being discharged to moderate between him and his Barons which became after to be sure however it was before the standing Representative of the people Something
summoned Yet the Bishops by reason of their Spiritual Dignity had necessarily a right and voice The Archiepiscopi Comites Barones alii Magnates in ancient Parliamentary Writs of Summons do ordinarily express and comprehend the whole Baronage without naming the Abbots and Priors which must be signified by the alii Magnates Which I the rather note because the Folio Author a Gentleman very easie and ready in Inferences doth conclude that because such Writs mention Magnates besides Bishops Comites Barones which he too suddenly concluded were comprehensive of the whole Baronage doth thence argue that a Writ of Summons of any man to Parliament doth not make him a Baron and from thence would have it inferred that the Bishops are not so though they are expresly mentioned and first in order and cannot in reason be reduced to that meanness of rate and quality with those that fall under an Et caetera and from hence would have it concluded that they may when the King pleaseth be dismist that House because there were anciently some Grandees that had Session in Parliament now discharged Besides we do observe that another sort of great men may be meant by the alii Magnates that is to say famous men of the Clergy not Bishops and other men of great name for wisdom of which there were some summoned in most of the ancient Parliaments not intended thereby by the King to be made noble or advanced to the state of Baronage for there were distinct clauses in the Writs of Summons to signifie the Kings purpose therein The Writs directed to such as were not intended thereby to be made Barons as the Judges Attorney General Kings Serjeant c. was Quod intersitis nobiscum cum caeteris de Concilio nostro and sometimes nobiscum onely super praemissis tractaturi vestrúmque consilium impensuri whereas that to the Barons was Quòd intersitis cum Praelatis Magnanatibus Proceribus c. But as Mr. Selden observes that custom of sending Summons to great men not Bishops to Parliament did cease after the clause of Praemunientes by which Convocations were summoned by Bishops to meet with Parliaments grew in use in the Bishops Writs of Summons to Parliament Of which excellent Provision we shall have occasion to speak to hereafter All the Baronage both Spiritual and Temporal de jure ought to have Summons now to Parliament without respect to Estate or Tenures There is no man now noble by his Acres a sort of Nobility that this refined Age will not allow of The King according to the Constitution of H. 3. afore-mentioned may now by Letters Pattents or Writ erect a new successive Barony as well as hereditary as was done by H. 8. The fifth year of his Reign for that the Baronage of England was now affixed to Family and Succession and not to Tenures he by his Letters Patents did then grant unto Richard Bamham Abbot of Tavestock in the County of Devon the Abbey being of his Foundation and Patronage and to the Successors of the said Abbot Vt eorum quilibet qui pro tempore ibidem fuerit Abbas sit erit unus de Spiritualibus Religiosis Dominis Parliamenti nostri haeredum Successorum nostrorum gaudend honore privilegio libertatibus ejusdem This the King might well do because the Abbot was of his Patronage and the Successors were therefore to be elected and collated by the King for that was the Inducement and Reason of Kings and Sovereign Princes advancing Bishops and great Abbots to the degree of Baronage making them members of the great Councils of their Kingdoms and Principalities as is before observed because such Abbots as the Bishops were made always and appointed by the Sovereign Prince And here we may take notice by the way of the Reason why the Episcopus Soderensis or the Bishop of the Isle of Man is not summon'd to Parliament which I shall give you in the Words of Sir H. Spelm. in his Glossary Baronum appellatione non omnes hodie apud nos censentur Episcopi ut pote Soderensis in insula Manniâ quod de Rege non tenet immediate at de Comite Darbiae Nay it is most observable That this Honour of Baronage or being a Member of the House of Peers was so inseparable to the Office of a Bishop after the afore-mentioned new Constitution of the Baronage That the Guardians of the Spiritualties of Bishopricks in the times of Vacancy and the Vicars General of Bishops being beyond Sea were summoned to Parliaments by the same kind of Writs as the Bishops were summoned Of this Mr. Selden doth assure us Titles of Honour 2 Edit fol. 721. But this Honour lasted no longer than this legal Substitution and Vicarious Power If they had Right to sit in that House in respect of their Temporalties the Guardian of the Spirituals or the Vicars General would not have had Writs of Summons to Parliament But if the Kingdom had not had a great Opinion of that Order it would not have been provided and put in use that in Vacancy of the See or Absence of the Bishop rather than that great Council would want one Bishop utterly or the Interest Authority and Consent of any that had Episcopal Authority they admitted the Substitute by whom that Office was executed and administred for that Interval only When Baronies were feudal the person tho' in respect of his Land was noble his great Estate and Interest and the other general Presumptions that attend opulent Fortunes made the Possessor noble in his Person Anciently the Estate of late the Discent in the Temporal Baronies and the Succession in the Spiritual Baronies place the persons respectively in the Census and Rank of Baronage but there is no Nobility but what is personal nor can be in Nature All the persons in the same Order of the publick Census are of the same Quality Neither are Bishops to be accounted less Barons or less noble because they enjoy their Baronies for Life only no more than a Tenant for Life of an hereditary feudal Barony could be so accounted Feudal Baronies being considered as Estates were alienable as Estates and as Estates would suffer Limitations and admit of particular Estates for Life No man can say we had no personal Nobility in the time when there was no other Baronage than Feudal How then can it be said that the Bishops Persons are not noble though they should be accounted only Barons Ratione Tenurae as certainly they are not in proper speaking at this day neither can it be objected against their personal Nobility that a Bishop may be degraded for so may a Peer for more Reasons than a Decay of his Fortune and Estate Which matter I the rather insist upon for that the great Mr. Selden committed an Error by not considering that the ways and means by which persons derive and come to be of the Order of the Nobility and Baronage can make no Difference in the Baronage
and Officials to whom Custom hath given some Powers and Authoririty which cannot be check'd and controul'd by the Bishops themselves they are not to account neither are they answerable for the Lay-Zeal that hath made the Condition of Excommunicants so very afflictive For whatever some men please to think the Laity have out-done the Ecclesiasticks in the Excesses of intemperate Zeal as they are most apt and prone by their Ignorance to Superstition No man can pass under the Admonitions of the Church and be suspended from the Holy Mysteries until he hath made Satisfaction for his disorderly walking or Spiritual Pride in breaking Order but he is presently given up by the Laity to Satan I mean he suffers beyond the first Intention of the Church in her Discipline Severities enacted by the Law of the State which if reversed by that Authority that established them and a civil Process were enacted for the Ecclesiastical Courts in Causes of a Temporal Nature which are appointed by Law to their cognizance I persuade my self we should hear of no more Complaints against them in the Exercise of the Power of the Keys For we observe that they exercise the Power of the Keys with deference to the Secular Magistrates They never presume to excommunicate the Prince least they should thereby lessen his Authority and shock the Government For that all Government is established by the Honor and Reverence of the Governor according to that Saying of Aristotle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Dissolution of Government doth easily follow the Contempt of the Governor As Kings are not subject to Penal Laws nor to be coerced by Penalties So true it is also what Balsamo hath noted ad 12 Canonem Synod Ancyranae Imperatoriâ unctione penitentiam tolli Neither do they presume in Reverence to the King to excommunicate his Counsellors and Ministers of State and Justice For so it was declared amongst other of the Avitae consuetudines of this Realm by the Assize of Clarendon Nullus qui de Rege teneat in Capite nec aliquis dominicorum ministrorum ejus excommunicetur nisi prius Dominus Rex conveniatur In which our Bishops are agreable to the Ancients Hildebert Cenoman after Bishop of Tours who lived about the eleventh Century says he Apud Serenissimum Regem opus est exhortatione potius quam increpatione Concilio quam praeceptis doctrinâ quam virgâ Ivo Bishop of Chartres in his Apology for communicating Gervasius saith thus Quos culpatorum Regia Potestas aut in gratiam benignitatis receperit aut mensae suae participes fecerit eos etiam Sacerdotum populorum conventus suscipere in Ecclesiastica Communione debebit ut quod principalis pietas recipit nec à Sacerdotibus Dei alienum habeatur Thus while the Bishops are not guilty of mean and unfaithful flatteries they do not participate of the pride of the Bishops of Rome or the irreverence and sawciness of a Presbyterian Consistory against their Princes and Governours Neither do they call up any criminal cause originally to their examination but pronounce the sentence of Excommunication on such onely as first are civilly convict of a crime save that matters of Incontinency are by the Common Law submitted to their Censure for that by the venerable gravity of the Judge and by the more private examination of such offences the modesty of the Nation is best preserved which is a surer defensative against the rifeness of such crimes perhaps than the sharpest punishments If they do excommunicate any man without a just cause or do not absolve the Excommunicate when he hath made his satisfactions the Bishop is compellable by the Authority of the Kings Courts to assoil the man under the pain of having his Temporalities seized into the Kings hands though he is not restored without the Episcopal Absolution For it is fit they should finally judge in their own proper Province and they must not they cannot relax the Laws of Christ nor administer the power of the Keys of binding and losing by any other measures for any power on earth But against this power of the Kings Courts they do not dispute or declare but have recognized it by their submission and they can submit to the penalties without complaining of this civil constitution Nay in the general order they approve it though in a particular case perhaps they do not because they cannot obey Our Bishops do not encroach any Temporal Authority in ordine ad spiritualia that stale pretence by which the Bishop of Rome hath arrived to his exorbitant power and by which the Scotch Presbyters would have acquired the like over Kings and Governours Their Authority always administers to and assists but never thwarts or contradicts the Temporal They have accommodated their power of the Keys to the vindication of our established Government against the attempts of Arbitrary Power to which their Allegeance to the King and the regard of the publick Peace did oblige them For such Attempts are mostly the ruin of those that make them always bring the Government it self into the greatest danger and sometimes prove the ruin both of the Government and the Nation This was required of them as an indispensible duty they being a principal part of the Government and the present Bishops Successours to all their Rights have no reason to decline their example if they have the like cause The Bishops anciently were sturdy opposers of King John when he designed to put this Kingdom into vassallage to the Pope and thereupon he writes to the Pope thus as followeth In conspectu paternitatis vestrae humiliamus ad gratias multiplices prout meliùs scimus possumus exhibendas pro cura sollicitudine quam ad desensionem nostram Regni nostri Angliae paterna vestra benevolentia indesinenter apponit licèt duritia Praelatorum Angliae inobedientia impediant vestrae provesionis effectum Pat. 17 Joannis R. M. 15. as I find it related by Mr. Petit in his book entituled The ancient Right of the Commons of England asserted About the 24 H. 3. Edmund then Archbishop of Canterbury at a Synod held at Westminster the King being present Candelis acceptis projectis ac extinctis Chartam Libertatum violantes vel sinistrè interpretantes excommunicantur Mat. Paris p. 151. About 13 years after viz. in 37 H. 3. Boniface then Archbishop of Canterbury the sentence of Excommunication is again repeated against those Qui Ecclesiasticas Libertates vel antiquas Regni Consuetudines in Chartis communium Libertatum de Foresta concessas quascunque arte vel ingenio violaverunt Fleta l. 2. c. 42. Dors Claus 37 H. 3. membr 9. Additament ad Mat. Paris p. 117. Which Sentence of Excommunication was ratified and confirmed in a Parliament held that year as followeth Noverint universi quòd Dominus Rex Angliae illustris Comes Norfolk Mareschallus Angliae H. Comes Hereford Essex J. Comes de Warewico Petrus à Sabaudia ceterÃque magnates Angliae
difficult to tell how that late unhappy War began or how it came to issue so Tragically in the Death of the Late King though we know how it ended viz. The Nation recovered within twelve years after the most deplored Death of that excellent King into a renowned Loyalty and in spight of a great Armed Power never before foil'd ever victorious then kept on foot for the interest of a very few men restored our present King may his Reign be long and happy to the Government of his Kingdoms without the least assistance of any of the Cavalier party and oblig'd a wary General in the head of a factious and republican army to Loyalty Nay within that time also the Nation had recovered out of their partial Lapse into Fanaticisme bread up great numbers of excellent Schollars who masterd the prejudices of those times were reverenced by the chief of the Presbyterian party and are the beauty and strength of the Church of England at this time The Presbyterians themselves were grown reconcileable to the Church of England and had learnt by woful experience the mischievousness of Schisme upon no better pretences than what then might have been satisfied and accommodated When the King and Church were restored Fanaticisme had expired if some old peevish and stiff Church-men had not studied obstacles against a universal accommodation and some crafty Statesmen had not projected that the continuance of the Schisme would be of great service some time or other to destroy the Church of England and change our antient Government which is now apparently the Popish Plot and if ever it be effected it will be with this trick of affrighting the Church of England with the apprehension of Fanaticisme and making them suspicious of Parliaments As many of them as are drawn into an opinion of the disloyalty of our late Parliaments the illusions of the Popish Plot hath passed upon them and they are under the power of its fascinations But both the Loyalty of the late Parliaments and also how much it imports the Plotters to have it believed that they design upon the present Government will at once be clearly understood if it be considered what hath been done for the forging of a Protestant Plot which was intended at the first opening to extend to the House of Commons Things so wicked as would make a virtuous man ashamed of the age he lives in But after all endeavors to find witnesses for their purpose powerful encouragements and great rewards they have drawn none into their assistance but who are publickly known for Rogues or who wanted Bread or had no Reputation to loose If the falshood of this forged Plot had not been utterly improbable they might have procured better seeming and more credible witnesses They might sure have found in this age men bad enough not already infamous to have testified a probable Lye But so necessary it is to the Popish design that a Protestant Plot be believed that they are not discouraged at the manifest detection of their conspiracies perjuries and subornations but will still go on as if they had a power to work miracles of villany for their Religion which is no better Our modern Politicians have been most observant agreeably to their virtuous make how frauds perjuries and violence have prospered and succeeded in some particular cases and have brought about some designs imagine such means throughly multiplied to be able to conquer all things which they design But these Arts which have had success by the permission of God when one Villain hath been to destroy another will not pass upon the Protestant Religion Let them seriously in time despair and give over such enterprises For there is no Enchantment against Jacob nor Divination against Israel the Lot of Gods inheritance and his peculiar Care If Mordecai be of the Seed of the Jews Haman shall fall before him It is matter of comfort to us and dispair to the Plotters that not one of their Plots yet but hath proved Abortive or they have been defeated by their very success Besides pray let it be observed how this Design of lessening our just confidence in Parliaments is otherwise carried on and promoted It is now become the principal business of the Mercenary Writers for the Plot to pick up and cull out all the enormities and irregularities of those times the Vitia temporum and stories of wild pranks of some beastly Fanatical people that exceeded the common degeneracy of those ill times into which the Nation by undicernable degrees so fouly lapsed to make thereof an ugly Vizard and this they clap unduly upon four fifths of the Nation upon all that love and adhere to our Government and Religion to render them suspected of destroying again the English Monarchy and the Protestant Religion even for those very proceedings that they make for preserving both For the service of Popery requires that whosoever opposes it must be branded with Treason and Fanaticisme that such delicate persons as are fond of the name of Loyalty though they understand not in what it consists that hate the name of Fanatick since it is become as common a name of reproach as the Son of a Whore though they understand not so well what it means will be sure so to behave themselves as to be reckoned for Loyal and not Fanatical by taking the measures of the one and the other according to the new notion of the Plot Writers may become theirs with all their idle prattle But let them make their best of this foolish sort of men if that was all they could effect by this project But they design further upon the Nation viz. to match the fears of Popery with a fear as great of the like Evils to those of Forty one as if these Plotters had power by their interest to raise a new War when we have power and authority in our Government if it were exerted to destroy them by Justice But these State Mountebanks think it convenient because the Nation was cast into a Frenzy in Forty one therefore now when in perfect health we are to be cast into a Lethargy to prevent our relapse and in the mean time they intend we should perish insensibly and quietly that way they design to destroy us It is since the Discovery of the Popish Plot that Popish Mercenaries have been hired to write virulent Libels against the Church and bitter invectives against Fanaticks Out of the same Mint came a villanous Libel called Omnia Comesta a Belo against the Church apt to render the Church-men suspicious of another detestable Sacriledge designed And that loathsome Print entitled the Committee or Popery in Masquerade Many parts whereof hath no other reason of belief but that they have been the Subject of some drunken Rhimes in former times but it is in the whole an insufferable Libel against the Nation by its application to this age These Mercenaries are the Authors as well of treasonable Libels against the King which they
all I cannot imagine they can pretend an umbrage from the Holy Scriptures for such unheard of opinions The Jews indeed had a Government and Laws of Gods framing and appointment and a King of their own choosing and such a King as they desired by God's permission they had But their form of Government ought with less reason to be the Rule of all kingly Governors because it was a Government chosen by themselves then the Laws of the Jews ought to be the Laws of all Nations which they are not though made and enacted by God himself Christ would not make himself a Judge in a private Right submitted to him He determined the right of the Roman Empire by the possession of Soveraign Authority and such as the whole world had made it his Disciples were obliged to acknowledge it by their Obedience and Submissions which is the summ of the Apostles Doctrin in this matter The Christian Religion instituted no form of Governments but enjoyns us to be obedient to those we have not only by express command in the case but by its general Rules of a most refined improved and extensive morality But though I said the Scriptures have not prescribed or directed any universal Form of Government yet the Scripture hath declared the falshood of this new Hypothesis of Kingly Government to be Jure Divino or by Divine Right For St. Peter 1 Peter 2.13 and 14. stiles Kings as well as the Governors under him the ordinance of man which cannot have any other sense but that men make them and give them their powers By St. Paul the power of Government indeed is called Gods Ordnance Rom. 13.2 but that is for this reason because in general God approves of Governments as necessary to the well being of Mankind for the improvement of humane nature for the punishing of Vice Encouragement and security of virtue without them it being impossible to live honestly and in peace And he hath made them the under Ministers of his providence and care over Mankind and expects of them that they should promote his true Honor and Worship in the World which will be always accompanied with the exercise of all civil Virtues These two different places must be so understood that they may be both true and by no other interpretation can they be reconciled and made consistent It is impossible that any thing can be of mans appointment which is of Gods Ordination there can be no such thing as a Co-legislative power of Men with their Maker Government therefore is from God as he hath made Governments necessary in the general order of things but the specification thereof is from Men and the best definition that can be made of Government is in the words of both the Apostles put together 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and such Governments which men make God approves and requires our obedience to them upon all those reasons which make Governments necessary The natural and easie consequence and result of these Scriptures is this which I desire those Gentlemen to observe That whatsoever is not lawfully established by men no Law of God not the Christian Law doth oblige us to obey The Christian Religion doth equally condemn in the reason of its Institutions Usurpation and Contumacy Where the Apostle admonisheth us that if we be free we should not become servants he hath by virtue of that Admonition made it commendable not to suffer the Encroachments of power over us Most certainly therefore as the Christian Religion doth not prejudice the Soveraign Rights of Princes such as they are in the several forms and Modells of Monarchical Governments non eripit terrestria qui regna dat coelestia as Sedulius so doth it not enlarge them when by the Gospel God made us free from his own positive Laws to the Jews he did not intend thereby de Jure to render us slaves to the Arbitrary pleasure of Men. No Man intends by any thing in the Scripture that all mankind is obliged to any one form of Government and therefore all Men are left to their own It hath not therefore altered the terms of Government and Obedience that every Nation hath Established for themselves but hath confirmed and strictly obliged the observance of them To Obedience to Government we are obliged by as many ties as there are Christian Virtues and he must disown his Christianity that departs from his due Allegiance And since our Saviour is declared King of Kings and Lord of Lords all Kings Christian Kings especially are to govern in Imitation of his mercy and goodness and in subserviency to the Interest of his Religion and Kingdom Regum timendorum in proprios greges Reges in ipsos imperium est Javis cuncta supercilio moventis Whence then is this absolute Authority of Kings if it come neither from God nor Man Give me leave now to inform you that these opinions render you all Traytors guilty of Treason of State perduellionis rei obnoxious to be punished as Traytors by an Authority lodged in Parliament In the Constitution of the Government You your selves must needs condemn your selves to have forfeited all your own who hold such Principles that tend to destroy every Mans Right by resolving all things into the absolute pleasure of a Monarch in which you mostly disserve the King and are contrary to His Majesties late Declaration The Men of these Principles the less of the Government they are entrusted with the better for the less they have to give up and betray I confess if I could believe that this Doctrin was become Orthodox among them and the prevailing opinion of the Clergy I should conclude us to be the most unhappy people under the Sun This is an Hypothesis indeed that will bring on new Heavens and a new Earth but such wherein no peace or Righteousness can ever dwell But I deem all such as are Defenders and Promoters of it do deserve a civil Excommunication more smarting then their Ecclesiastical and to be condemned to live upon and only feed themselves with their thin speculations and to be excluded from any share of that Government that they professedly in their Principles betray to be punished as seditious persons and most mischievous Schismaticks far more intolerable in this matter than the scrupulous brother-hood for their boglings at an indifferent and insignificant Ceremony For that to the ruin of our Religion and destruction of the publick peace they divide from that polity to which by drawing here their first breath they made Faith and to which the condition of their birth doth oblige them they falsify that which Arrian in his Epictetus calls the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 than which nothing is more sacred and inviolable By creating themselves a new Allegiance and obtruding it upon their fellow Citizens and Members of the same Kingdom they set up a Kingdom within a Kingdom more dangerous and mischievous than the Papal Imperium in Imperio which certainly will be introduced if this Modern and
monstrously extravagant opinion can prevail by a general Credence It is criminal and no less dangerous to the being of any policy to restrain the legislative Authority and to entertain Principles that disables it to provide remedy against the greatest mischiefs that can happen to any Community No Government can support it self without an unlimited Power in providing for the happiness of the people No Civil establishment but is controlable and alterable to the publick Weale What ever is not of Divine Institution ought to yield and submit to this Power and Authority The Succession to the Crown is of a civil nature not established by any Divine Right Several Kingdoms have several Laws of Succession some are Elective others Haereditary under several Limitations All humane Constitutions are made tum sensu humanae imbecillitatis under reasonable exceptions of unforeseen accidents and Emergencies that may happen in humane Affairs and so they must be intended and so interpreted The several limitations of the descent of the Crown must be made by the people in conferring the Royal Dignitie and power which is more or less in several Kingdoms The descent of the Crown is governed according to the presumed will of the People and the presumption of the peoples will is made by measuring and considering what is most expedient to the publick good whereas private Estates are directed in their descent according to the descendents And this is the reason that the descent of the Crown is governed by other rules than private Estates Only one daughter and not all as in private Estates shall succeed to the Crown because the strength of the Kingdom is preserved when continueds united and the peace and concord of the people better Established A son of the second venter shall inherit which is not allowed in private Estates because a son of the second venter is equally of the blood of the great Ancestor upon whom the Crown was first conferred by the people or after he had got into the Throne obtain'd their Submissions may equally participate of his Virtues If the Royal Family be extinct it belongs to the people to make a new King under what limitations they please or to make none for the Polity is not destroyed if there be no King created and consequently in case of this cesser or discontinuance of the Regnum there may be Treason committed against the people By all which it is evident that the succession to the Crown is the peoples right And though the succession to the Crown is Hereditary because the people so appointed it would have it so or consented to have it so Yet in a particular case for the saving the Nation the whole line and Monarchy it self it may be altered by the unlimited Power of the Legislative Authority We have been more just to the Royal Succession than the wonderful Sir Robert Filmer for his Hypotheses will not allow at all of Hereditary rightful Succession For the establishing the right of the Universal Empire of the World in Adams right heir since this illuminato hath enlightned the world in this secret no Successor can derive any hereditary right from his Predecessor His Title can be only his own possession for no man can claim by descent the Usurpation of his Father but he that is not conscious to the wrong and is bonae fidei possessor under the presumed right and title of his Father I would be understood to speak as the matter can be considered in a free Reason not under the prejudice of any positive municipal law for to such laws the right of Crowns as the Renowned Knight will have it are not submitted So that here in this matter their Knight fails them and can give them no help Their other Friend the great Leviathan Maker is so far from establishing an Hereditary Succession that he leaves Kings to be rightfully assaulted deposed and destroyed by any person that can who stands in danger of being destroyed by the King though justly condemned to death Leviathan Part. 2. Cap. 21. Those saith he that have committed a Capital Crime for which they expect death have the liberty to defend themselves by Arms as well as the Innocent But I mention him only to render him detestable for I take his Books to be the dehonestamenta humani generis But I desire them to regard the sense of all Mankind in the words of Isiodorus Pelusiota 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 This Governed the Judicious and Learned Dr. Falkner for when he had carried Christian Loyalty as high as he could to the honor of our Religion and the benefit of the World for which we are all extreamly beholden to him he concludes thus in his excellent Book called Christian Loyalty That if any Prince undertakes to alienate his Kingdom or to give it up into the hands of another Sovereign Power or that really acts the Destruction or the Universal calamity of his People he tells us Grotius thinks that in his utmost extremity the use of a defence as a last refuge ultimo necessitatis presidio is not to be condemned provided the care of the Common good be preserved And if this be true saith he it must be upon this ground that such attempts of ruining de ipso facto include a disclaiming the governing of these persons as Subjects and consequently of being their Prince or King what unreasonableness is there then in shutting the door upon him and making it fast against him by an act of State who hath excluded himself by his principles and designs For the truth of the fact I shall only refer you to Secretary Coleman his Letters wherein he saith that his Masters interest and the King of France his interest is one and the same and their design their glorious design the same viz the extirpating the Northern Heresie how far the King of France hath complied with the design the cruel Persecution and exils of his Protestant Subjects who at the time of that letter were under the security and protection of the Laws of that Kingdom the Faith of that Crown do declare to the world And by what secret influences I know no the is made so great his conquests so easie and expedite that he is like to do the work himself here in England and go away with all the Glory But if the work must lye upon our hands let no man think with himself that Popery is not to be introduced here because the numbers of Papists are few for that will not render the design impracticable but the execution of it were cruel and barbarous a whole Nation upon the matter must be corrupted from the Faith of the true Religion or destroy'd One single arm of an ordinary strength not resisted may assassinate a whole Nation Let no man betray his Country and Religion by pretending the example of the patience and sufferance of the Primitive Christians for our rule The Reformed Religion hath acquired a civil right and the protection of Laws if we
ought not to loose our Lives Liberties and Estates but where forfeited by Law we ought much rather not to loose them for the profession of the best Religion which by Law is made the publick national Religion And it is strange that some men of the same Religion in profession can think that notwithstanding it makes no matter what is done to a man if he be Religious but if he be not so the least publick injuries and injustice may be resisted vindicated remedyed and by right defended by old Laws or new ones to be made for that purpose The Christian Religion was publisht when the whole world was Pagan and therefore it was submitted to such usage as the Governments would give it But when the Christian Faith had by miracles of patience declared it self to be of Heaven and of a Divine Original According to the Prophecies on that behalf it took possession of the Empire and Crowns and Scepters became submitted to the Cross and the Christians acquir'd a civil right of Protection and Immunity which they ought not they cannot relinquish and abandon no more than they can destroy themselves or suffer violence and cruelty to destroy the Innocent Such as thus perish shall never wear a Martyrs Crown but perish in the next world for perishing in this This will be interpretatively Crucifying Christ afresh after he is received up into Glory i. e. After his Religion is exalted into dignity and honor and civil Authority If the senate of Rome had been Christians they would never have given up the Government to a Pagan Augustus with a power to him and his Successors to make laws for extirpating the Christian Faith what is said of the Christian Religion and Paganism holds between the Reformed Religion and Popery If any man is so vain as to say that an unalterable course of Succession is established amongst us by Divine Right I say he is a man fitted to believe transubstantiation and the infallibility of the Pope he is deeply lapsed into fanaticism he dreams when he is awake and his dreams are dreams of phrensie There are somethings so false that they cannot be disproved as somethings are so evidently true that they cannot be proved This proposition hath no color to ground it self upon no medium to prove it no argument for it which is to be answered nor nothing more absurd than it self to reduce it to But if any shall add that this Doctrin is the Doctrin of the Reformation and adventure to tell the people so they are the most impudent falsaries that ever any age produced when there is scarce a Child but hath heard what was done said and maintained by the Clergy of England in the case of Mary Queen of Scots a Popish Successor in the earliest time of our Reformation here in England Our Age is blessed with a Clergy renownedly Learned and Prudent by the Providence of God and the piety of our Ancestors they possess good though not to be envyed Revenues and Honors It is scarce possible they should have many among them that can countenance a proposition so wickedly impious and sacrilegious that we cannot have new Laws but must loose the old at the pleasure of a Popish Successor against not their own interest and the Rights of the Church but against the Rights and Liberty of Religion it self For she is capable of Franchises and Immunitys which ought above all things to be most zealously asserted and defended by her Ministers can they themselves with their own hands ever pull down her Hedg and destroy her Defensatives and expose her helpless to the rage of her implacable Enemies and suspend all the Legal security she hath for her preservation upon the Life of our present King whom God long preserve If Kings be admitted to have a power to make Laws One Proclamation may establish the Popish Religion amongst us which the Papal Bulls so long as that See continues will never be able to effect Next to Religion her self the Revenues of the Church challenge their faithful care for they are at best but Usu-fructuary Trustees of her Endowments for the Succession which they will wretchedly betray to an Arbitrary Successor if they do not repress such Opinions that pretend to change the Government into an absolute jure Divinity Monarchy which will leave nothing jure divino but it self and the Popedom Kings for their so doing have the authority of Sir Robert Filmer who affirms in his Treatise called the Power of Kings Fol. 1. That the Laws Ordinances Letters Patents Priviledges and Grants of Princes have no force but during their Life if they be not ratified by the express consent or at least by the sufferance of the Prince following who had a knowledge thereof This is but the necessary consequence and result from the Doctrine of the absolute power of a Prince for in such Government the Concessions of a Predecessor can no more oblige the Successor than he can Govern when he is dead and the Successor must be absolute in his time as the Predecessors were in theirs But in vain is the Net spread in the sight of any Bird this deceit is of so gross a thread that it cannot pass with the common people much less upon our Clergy but I will not dissemble what may be the true reason of the seduction of some young good natured Gentlemen of the Clergy They perswade themselves that if these principles and opinions of the Unlimited Power of Kings had been received the late Wars had been prevented Not rightly considering that if such opinions had never been broached or Universally rejected that War could never have ensued and we should together with peace have enjoyed our ancient Government which our Ancestors transmitted to us without that miserable inter-regnum I would not be perversely understood by any man as if I went about to justify our late War This is all I say that every Government once established will continue for ever if all the parts of it would unalterably consent to preserve it to which their narural Allegiance doth oblige them And never any Prince endeavored to change the Government but where part of the people were first willing or content to have it so Those false flatterers that go about to remove the boundaries of power and change the Government are the greatest enemies to the quiet and happy Reigns of the Kings and the peace and prosperity of Kingdoms And if they do adventure to call the ir fellow Subjects by any opprobrious names of disloyalty because they will not joyn with them in such change they are as absurdly impious and insolent as any Prince or State would be who should challenge another as free and absolute as himself for his Tributary and Vassal and traduce him for a troubler of the World because he would not Compose the Quarrel thus injuriously sought with the surrender of his Crown and dignity I desire these Gentlemen to consider that the happiness of a Nation is best
supported with Truth and Justice This new Doctrine is not true and whosoever entertains a belief of it is not only barely mistaken but will be lead by the mistake into the most mischievous impious and sacrilegious injustice and treachery It is very agreeable to a good man to embrace a proposition with an easie belief that offers the least seeming probability of a security against the miseries of War by all means to be avoided But this Doctrine of the Divinity of Kings is most dangerous to the Peace of Kingdoms for it is pregnant with Wars Besides that it will give bad Princes which sometime hereafter may be Born into the World for such there have been now and then power to make their Reigns worse then War and Plague and Famine to boot The Panick fear of a change of the Government that this Doctrine occasioned and the Divisions it made among us was the principal cause of the late War It is not without reason that together with these new principles revived since the Discovery of the Popish Plot we have a perpetual din and noise of Forty one Then that fatal War begun which ended in the destruction of the Prince and ruine of the Church and State The remembrance of it is the principal matter that stuffs our weekly Pamphlets and it is brought into common discourse and grown so trivial that it is mentioned and heard without abhorrence and regret And what Service this can be to His Majesty I do not understand much better it were that the memory of it were utterly extinct and abolished for ever except only in the Anniversary of that great Prince that so fell Then I say and then only is it fit to be remembred when we are on our Knees to God Almighty and in his presence affecting our selves with sorrow and remorse deprecating the like Judgments and bewailing the National sins that occasioned those For notwithstanding the Glories of that Great Prince his unhappy death and the admired Devotions of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The story of the Calamities of his people all his three Kingdoms involved in War during his Reign and the remembrance of them will be with some Men not very Loyal a stein and diminution to the Glories of the Royal Family In Princes their Calamities are reckoned amongst the abatements of their Honor and meer misfortunes are disgraces and have the same influence upon the minds of the common people as real faults and male administrations How then can this tend to the peace of the Nation or the Honor of the King what satisfaction is it to have our almost healed wounds thus perpetually rub'd and kept green Quis sua vulnera victus commemorare velit Why should any of our Nation insult over the miseries of his own and neighbour Kingdoms when he must be the most barbarous villain and have devested himself of all humanity that is not deeply empassioned at the remembranee of them If a Thuanus or a Philip de Comines were to pass a Judgment of the condition of our late times upon the consideration of our late Tragedies and the Preludium's to it in the Reigns of King James and the late King it would be formed and pronounced in these words of Tully upon another occasion Mihi quidem si proprium verum nomen vestri mali quaeratur fatalis quaedam calamitas incidisse videtur improvidas hominum mentes occupavisse ut nemo mirari debeat humana consilia divina necessitate esse superata But this is not all nec adhuc finitur Orestes We are affrighted by the weekly Pamphlets with the expectation of another Parliamentary War and this is the true reason of the mention of the late War that we may forgo our Parliaments for fear of another So it is written in our publick prints which are published under permission as if Parliaments are designed to be rendered hateful and to be feared as Plagues Famines or Inundations of the Sea But who is to begin it who designs this War the Pamphlateers or those that set them on work best know We had never heard of any such thing if the Mercenary writers of the Popish Faction had not told us of it as they do weekly and hitherto we cannot find any Colour for this affrightful Lye they are impudent so to talk of it as if they believed it and have brought some as weak men as they are false Knaves to a belief of it But to do them no wrong those may best know what is to come to pass who have the power of contriving and designing Qui pavet vanos metus veros fatetur The vilest Traitors cannot contrive a greater prejudice to the King and his Family than by advancing such a dismal thing into credit and belief for fears though but upon imaginary and false grounds produce real effects as well as they are in themselves really afflictive and that almost equally if of continuance to the evils feared Do these men speak like true Loyalists that are mentioning perpetually the Calamitous War in the time of our Kings Father and fright us with another now ensuing after those Universal Solemn and hearty Joys of the whole Nation for his Restauration after so many Millions of Money most dutifully issued out of the affections of his people from time to time at His Majesties Royal pleasure and nothing complain'd of but that they have not opportunities of issuing ten times more to the service of His Majesties Glory Nay they speak of this ensuing War as if the Royal Standard was already displayed and the Rebels had made their Musters which must certainly affect the Royal Family with the greatest danger If there were twenty Trajans derived from one stock that had Reigned in an uninterrupted Succession Two immediate Successors that should have their Reigns successively attended with civil Wars were enough to efface their own and the glories and merits of such Ancestors But base Caitiffs you can no more truly believe the last Parliaments designed upon His Majesties Crown and Dignity to make War and change the Government than you can believe that every Mothers Child of them before they came up to the last Parliaments set his House on fire and burnt his Wife and Children But these impudent Forgeries against the House of Commons are contrived to make the people afraid of Parliaments that this new model of Government in process of time when we have an enterprising Successor may take place for the service of the Popish Religion For upon the strength of Dr. B s performance who hath with great labor found out which it is hard for any man acquainted with our English History to be ignorant of that our Parliaments were not always such as now constituted this blessed change of our Government will never be atchieved the Nation will never be perswaded by any thing that he hath found out in his diligent research that the House of Commons is an over-grown Wen an unnatural Accrescency to the
by which it became capital is not understood as he tells us in the place before cited I shall not trouble the Reader with unfolding the matter But why doth he trouble himself to make Kings Fathers of their Countries some cannot be so and some have no mind to be so and yet they ought to be Kings And some that have not been Kings have been so and so styled as the great M. Tully for defeating the Catiline Conspiracy He was by decree of the Senate call'd Pater Patriae Those are with reason truly called Patres patriae which either relieve their Country from miserable pressures which is the civil death of a Nation and for this reason our King hath the honor of being called Pater Patriae and we hope that he will wear that honorable Title upon a second deliverance of us from a most deplorable condition Or else such who bring the Nation to an exalted state of happiness so much beyond their old state of things that they seem to give the Nation a new civil Life Being and Birth For his etymological argument from the notation of the Word it is too putid to be insisted upon tho not more ridiculous than his Hypothesis But for that the reduction of our duty to our King to the fifth Commandment may seem to give some advantage to the Hypothesis with Fathers who know no bounds of their power over their Children It must be observed that the Decalogue is not a compleat Rule of Morality The decalogue comprised the Principal Laws of that common Wealth which God their Law giver by a most Solemn Act of his Legislation did more awfully oblige them to observe God that time was their King Rebellion was as Idolatry and the sin of Witchcraft and the Defection of one of their Cities to Idolatry was punished as a revolt and Rebellion Deut. 13. v. 15. He had provided for his honor and worship and their Allegiance in the first Table and did design by the 5th Commandment to lay the Foundation of all positive morality by providing for a Reciprocation of kindnesses by injoyning the gratitude and fitting returns of Children to their Parents and by putting Children under obligations to be taught and instructed by their Parents But our duty to Governors is more duly referred to all the other Commandments because Government secures the observation of those Laws to us by which we enjoy our selves and ours freed from the Violations of Lust Appetite Fraud and Violence We do not honor our King by relief in his fortune which is commanded to be done by our Parents in the precept of honoring them our subsidies and Aids are not to that purpose but contributions to the charges of the Government they are the just price of our immunity protection from fraud and violence for which cause pay we tribute But whosoever he be that hath more respect for this Knights works then I have may find him more gently treated by a very worthy Gentleman in a very candid and judicious book called Patriarcha non Monarcha But what is the meaning of these flattering Books they cannot but be nauseous to His Majesty who is a very wise Prince and knows how sensless such Books are and besides they make the People afraid and the Nation unquiet from the apprehensions they give that the Government will be changed Notwithstanding the King hath given such solemn assurance to the Nation by his late Declaration that we shall have frequent Parliaments and that he will govern by Law They would have had a better market for the Divinity they bestow upon Princes with Alexander after he had lost his Virtue and with those Vile Emperors whose Names are Regum opprobria for such the flatterers of antient times Deifyed those who had ceas'd to be men they made Gods and when they had left nothing about them that was tolerable they magnified their power which was already most intolerable If the Kings hereafter would but read the History of Kings under that conclusion that a wise observer of Humane Events made after a long observation and experience and would make experiments of the truth of it in their own reading Kings would be glorious and the Nations they govern happy and full of peace They would find therein so many effectual Documents to fear God and regard men and govern them righteously Si Vitam spectes hominum si denique Mores Artem vim fraudem cuncta putes agere Si propiùs spectes fortuna est arbitra Rerum Nescis quid dicis sed tamen esse putas At penitus si introspicias ultima primis Connectas solus rector in orbe Deus Alciat People can be no happyer than Government and Laws design to make them though they do not alwayes answer the good designments of the Government To what purpose then are these new Hypotheses fram'd and published Kings are exempted by their Office and the sacredness of their persons from all fears but the fears of Nature and these can never be discharg'd Those who do ill will fear ill Eternally tho their power were made little less than omnipotent for the frame of Humane Nature hath made it necessary to be so Besides God hath made one thing against another there is a Divine Nemesis interwoven in the Nature of things and God will always govern the World Omne sub regno duriore regnum The great Mogul at his inauguration swears that his People shall be at peace at home and victorious abroad afflicted neither with plague nor famine but enjoy Health and Plenty all his days This seems extraordinary Pompous and Arrogant but it means no more than this that he will govern them so vertuously that Gods Providence shall be always propitious to his People and is no more in plain English than what our Church offers up in her publick prayers for the King viz. That he may govern us in Wealth Peace and Godliness that he may live long and so govern us ought to be every honest mans Prayers But after all these vain Hypotheses contriv'd for making Kings absolute it will be more easie for Kings to make their reigns unquiet and turn their Kingdoms into Shambles But lastly to revive the Antient Zeal of the true members of the Church of England against Popery To rectify the mistakes of some Gentlemen of the Clergy about the Dissenters And of our late Parliaments and their proceedings in reference to them Let it be considered how unreasonable their apprehensions are of any danger to the Church of England from the desires of the House of Commons of some indulgence or toleration in favor of the Dissenters at this time especially when the Protestant Religion is so shrewdly beset she hath reason now sure to take all such for her friends that are heartily Enemies to Popery tho not so skillful as they should be to ward off its assaults Since the Papists presume to call them Fanaticks tho exactly conformable to the Church of England that
But there are better ways of putting an end to the Popish Plot then by putting it in Execution for them That is to say by suppressing that contumacy that is grown so rife in the Dissenters against the Church of England by putting the Revilers of her Establishment and Order under the severest Penalties By the Church her condescentions and indulgences to those that are weak and scrupulous the peaceable Dissenters such condescentions will not abate but magnifie her Authority The Church of England will not be by this means lost but her Governance preserved especially if the Relaxation that shall be made proceeds from her ex mero motu and is not imposed upon her by any secular Authority Nay she will become by this means more ample and venerable What Glories will shine upon the Heads of the Bishops We shall all rise up call them blessed They will attain an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 here and receive divine Honors while they live Their Order will be recover'd into the highest Veneration and it will never be after a question in the English Church whither the Order of Bishops be Apostolical The Parliament will make all Laws yield and comply to such happy peaceable and gratious Intendments All the People will honor them as their common Saviors that shall thus snatch us from the very Brink of Ruine and render the Designs of the implacable Enemies of the Church ready to take effect to the destruction of our Religion and the Nation utterly defeated But what punishments can we think too severe upon any that shall be guilty of such insolent Iniquity as not to allow that liberty to the Church which they seek as a favor from her to themselves that will not let the Church escape their Censures when she gratiously exempts them from her Censures and pittys their Errors and Follies What Fines and Imprisonments Pillories and Scourgings do they deserve that persecute the Church with Revilings when they themselves are tolerated Their condemnation must be just what ever their doom be themselves being Juges They will suffer as Evil doers and disturbers of the peace not for their Religion but for a most extravagant and intolerable unrighteousness They who will not tolerate others are themselves for that reason most intolerable Against these our Laws are to be sharpen'd and their iniquities to be punished by a Judge But the Statute of 35 Eliz. which punisheth dissatisfactions and peaceable withdrawings from the publick worship with exile and death declares how odly the business of the Separation hath been managed and with what disadvantages to the Church as it doth also the impracticableness of Laws that make perhaps invincible prejudices and modest and peaceable dissatisfactions capitally criminal The execution of this Law is scarce possible It is by no means agreeable either to the Christian temper of our Church or His Majesties great Clemency of which he hath assured us in the general course of his Reign And especially for that that Law hath been very rarely proceeded upon A Gentleman that lay in Cambridge Goal under the Judgment of that Law was reprieved by His Majesty with a great dislike expressed by him against that and such like severities What ever extravagances of a few wild Fanaticks of that Age occasion'd that Law the State of the Separation and of the Nation being quite alter'd from what it was then the execution of this Law now would be something like a Sheriffs serving a Writ out of Date in another County which can have no effect but mischief to himself While our Dissenters are thus reasonably indulged and strictly obliged to their peaceable behavior they can give no apprehensions to the Government either in Church or State This is all that is designed and all that they ought to have and this certainly would be readily yielded them in this present juncture especially if the Evils of the late unhappy times did not stand upon their score But I perswade my self that this course if it had been heretofore taken would have prevented one great cause of our late Troubles so it will in such measure prevent them from returning as the separation can be accounted the cause of them As for the Sacriledge and Spoil which was then made upon our Church it could never have happen'd but upon the dissolution of the Government nor can it ever happen again That War would have been impossible if the Church-men had not maintained the doctrine that Monarchy was Jure Divino in such a sense that made the King absolute and they and the Church in consequence perished by it But God be thanked we see the Church again restored to her endowments grown wiser than to desire to hold that precariously and at pleasure she doth enjoy by an unmovable legal Right Of the three Estates of this Kingdom for to suspect any such thing of the King would be unpardonable blasphemy there can be no reasonable Suspition Though of the House of Commons it is be come now lawful to suspect and say any thing that is evil But no man but the Villains that design by dishonoring them to change the Government hath reason to entertain such a thought The Members of the Commons in our latest Parliaments were all upon the matter entirely conformable to the Church of England They were persons of the best Estates Reputation and Honor in their Countries And they or such as they are like to make our succeeding Parliaments I have leave to put them under the imprecation of the severest Curse if ever they do sacrilegiously impair the Church her Revenues And I desire it may be assisted with the hearty and passionate desires of all good Christians that so the curse I now pronounce may operate upon them who shall incur it He that designs contrives or consents to spoil the Church of any of her Endowments may a secret curse wast his substance Let his Children be Vagabonds and beg their bread in desolate places Besides I know it is meditated and design'd by many and the best Men that use to be sent to Parliaments to redeem in part that infamous Sacriledge that was committed in the times of H. 8. When the Appropriations of Rectories made to religious Houses which had the cure of the Parish and ought at the dissolution of the Monasteries to be presented to were vested in the Crown whereby not only the Church was rob'd but the People cheated of their Tythes which were theirs to give tho not to retain and their praemium for the Priests Ministrations which are now often most slenderly and sometimes scandalously performed As also to disencumber her Revenue of the Charges and impositions of First-fruits and Tythes which were imposed and exacted by the Pope upon his pretence of being the oecumenical Pastor and High Priest of the Christian Church and at that time confer'd upon the Crown and are as unreasonably continued as any thing can be that hath a Law for a pretext But for this a