Selected quad for the lemma: life_n
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A60703
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Deo ecclesiæ & conscientiæ ergo, or, A plea for abatement in matters of conformity to several injunctions and orders of the Church of England to which are added some considerations of the hypothesis of a king de jure and de facto, proving that King William is King of England &c as well of right as fact and not by a bare actual possession of the throne / by Irænevs Junior ...
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Iraeneus, junior.
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1693
(1693)
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Wing S4396; ESTC R14451
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122,821
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116
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which he hath no great reason to thank him for nor we to admit when the Court of Parliament have declared That the Three Kingdoms and all the Dominions thereunto belonging that the Royal State Crown and Dignity of the said Realms with all Honours Stiles Titles Regalities Prerogatives c. to the same belonging are most fully rightfully and intirely invested incorporated united and annexed in and to his Princely Person So that according to our Laws he is rightful King of England as well as de facto and by Virtue of his Possession and providential Promotion to the Crown nay they See the Act of Recognition viz. The Lords and Commons assembled in Parliament did recognize and acknowledge that their Majesties were are and of right ought to be by the Laws of this Realm our Sovereign liege Lord and Lady King and Queen of England c. Now W. S. p. 54. Case of Allegiance makes this demand viz Is it not saith he most reasonable to think that to be the Sense of the Law which learned Judges and Lawyers have agreed to be the Sense of it Is it not reasonable to take that to be the Sense of the Law which hath been the Sense of Westminsâ—â—â—-Hall Let him give me also leave to aâ—k one Quâ—stion and that is Whether that be not the Sense of the Law which the Judges and Lawyers learned in the Law have declared in Parliament nay which in that High Court of Parliament have been declared to be * The Law of Man that is not contrary to the Law of Reason nor the Law of God but that is super-added unto them for better ordering the Commonwealth shall rule the Conscience and he that despiseth this Law of Man despiseth the Law of God See Dr. and Stud. Cap. 4. Cap. 19. Cap. 26. To fill up a vacant Throne is not contrary to the Law of God or Reason that our Throne was vacated is declared to be Law by our highest Court that we have in England That a King may abdicate the Realm Grotius saith is not to be doubted and Barclay saith cited by Grotius that if a King shall aliene his Kingdom and subject it to a Foreigner or leave it or act as an Enemy to the Destruction of the Community he looseth his Kingdom di jure Bell. Lib. 1. Cap. 4. Law And that I am sure it was as we have already heard viz. That King William is King de jure and according to the Laws of this Realm whose Declaration and Decree will bind the Subject in fâ—ro Conscientiae where it is not contrary to any moral Precept though they should be mistaken in their Judgment which is not to be supposed till a Court of equal Authority for there 's none Superior repeal their Act or reverse their Decree Obj. But perhaps it may be said that the Title of the Prince is a Matter above and no way cognizable in any â—â—mane Court it being said of Kings that they judge all things but are judged of none especially as to Matters criminal for which they are only accountable to him who is the Judge of all the Earth for when Courts do sit and act by the King's Commission and Authority it can be scarce thought that any Prince should be so Trayterous to himself as to grant a Power to censure his Person or his Actions So that whatever the Parliament may have delared or enacted with respect to the late King's Actions however they may affect the Ministers of State who were the Advisers or Transactors of them yet all must be void with regard to the Person or Title of K. J. because they have interposed in that which is no way within the compass or purview of their Jurisdiction Res The House of Lords I take to be the Supreme Court of Judicature in England which though it be convened by the King 's Writ yet needs no special Commission to empower them to act that being a Right inherent in them and by the original Compact or Custom immemorial inseparable from them But suppose there be no King in our Israel the Master of the Ship fled the Waves run high must the Vessel sink all that are on board perish lest they should intrench upon the Prerogative of their Master Must they not consult their own safety for fear they should meddle with or consider the Actions of their Governour as being above their Cognizance Must the Community perish and Nation sink in Compliment to him that hath fled from them and left none to exercise his Authority over them Is not the universal Safety the Supreme Law But my last Reply to this Objection is that the Parliament of England hath not adjudged the Royal Succession or Title of the Crown a Matter above their Authority nor is it beyond the Sphere of their activity Let us hear what my Lord Cooke saith in the 4th Part of his Institutes Cap. 1. Of the Powers and Jurisdiction of Parliament for making Laws in proceeding by Bill it is so transcendant and absolute as it cannot be confined either for Causes or Persons within any bounds Of this Court it is truly said Si antiquitatem spectes est vetusatissima si dignitatem est honoratissima si jurisdictionem est capacissima Huic ego nec metas rerum nec tempora pono Virg. of which we have divers eminent Instances to induce In the 8th of Hen. 4. as my Lord Cooke hath it Instit Part. 4. Cap. 1. But I find it rather in the 7th of Hen. 4. Cap. 2. the Succession of the Crown was intailed to Hen. 4. Was not the Crown settled upon Hen. 7. by Act of Parliament and upon his Heirs before his Marriage with Elizabeth eldest Daughter and Heir of Edw. 4. of the House of York notwithstanding the Judgment formerly given in Parliament as we are about to take notice of for establishing the Title of the Crown in that Family Cook 's Institutes Part 4. Cap. 1. Many more Examples may be given to prove that the Title and Succession of the Crown is not a thing beyond the Notice and Authority of Parliament to intermeddle with But he who desires a more particular Information let him consult these Statutes 25 Hen. 8.22 28 Hen. 8.7 35 Hen. 8.1 1 Eliz. 3. 1 Jac. 1. Yet give me leave to mention one Case which happened in the Reign of Hen. 6. whose Crown whilst it was upon his Head was challenged by Richard Duke of York whose Claim was received and Plea heard in Parliament The Council alledged many and great Arguments in defence of the King's Title too many here to be inserted but that high Court upon a full Hearing on both sides gave Judgment for the Duke of York against the King though in actual Possession of the Government in these Words That Hen. 6. should reign during his Life the remainder to rest in Richard Duke of York and the lawful Heirs of his Body in general Tail King Henry 's Heirs to be excluded
a word as to our Church-Ceremonies in the Bulk I may conclude in the Words of that Reverend and Learned Person the Author of the Naked Truth viz. That if they be things indifferent in themselves let them be indifferently used not urged upon all * Naked Truth p. 20. Let it be indifferent saith he whether this or that or no Ceremony whether Kneel or not Kneel Bow or not Bow Surplice or no Surplice Cross or no Cross Ring or no Ring let us give Glory to God in all and no Offence to our Brethren in any thing Concerning the Liturgy or Church-Service AS to our Church-Service there be two Things in the general we could wish might be considered 1st The first is the Form and Method of it being by our first Reformres wisely framed so as all things which they esteemed necessary to be altered might be expunged yet they retained so much of the Form and Shape of it that it seems in some respects to symbolize with the Roman Service And though other Reformed Churches went through stitch and wholly abolisht it yet the Divines of our Nation understanding the Genius and Temper of the People saw our Polity could no more than Nature endure violent Alterations And that Rome which was not built so neither could it be destroyed in a Day Hence perhaps it was that the Terms of Altar Priest c. were retained and that in all his Attire and Dress he must go up to read the second Service at the Altar c. But sure these were Physicians of greater value than to oblige others never to perfect the Cure The old Leven could not be purged out all at once and therefore several of the greatest Prelates in Queen Elizabeth's Days endeavoured to proceed in that Work but Satan hindred them And he that hath let still lets yea that Mystery of Iniquity will work till it be taken out of the way 2 Thess 2.7 But as our first Reformers had sufficient reason to vouch them in doing so much so enough to say that they then did no more 1st As first That the King might with more ease be delivered from the Strivings of the People Who upon the first Essay of the Reformation were cast into Heaps Insurrections and Mutinies To pacifie whom he in a Message to the Rebels of Devonshire and Cornwal told them Acts and Monuments Lib. 9. p. 15. Col. 2. That though perchance it seemed to them a new Service yet indeed was no other than the old the self-same Words in English which were in Latin saving a few things taken out c. If the general Zeal of English Men for the Mass hindred their Progress then the universal Prejudice of our Nation against it now may justifie a further Procedure in the Reformation For if it were Wisdom and Reason in our Ancestors to observe the Temper of the People and conform to the times then Why should not our Governours so much honour them as to make it the Rule of Practice now so far as may stand with a good Conscience and the Church's Peace 2dly A retaining much of the Form and symbolizing then with the Antient Service seemed a very good Expedient to draw the People into a more easie Compliance and Communion with the Church though it had cast out many of its usages as tainted with the Leven of Idolatry and Superstition Whereas by our Experience we have found that no Condescentions can prevail with them to own our Church or prevent their Designs and Conspiracies to ruine it So successful and prosperous were their late Attempts that the Cup was at their Lip who had well nigh swallowed us up and in a moment we must have gone down into the Belly of Hell The Altar was built the Wood was prepared the Sacrifice was bound the Hand stretched out against us the weight of which we had ere now felt if the Lord had not sent his Angel and delivered us Shall we then disoblige our Friends and Brethren of the same Reformed Protestant Religion with our selves who own the same Faith the same Hope of our Calling the same Lord the same Baptism Shall we any longer keep our Friends out to bring our implacable Enemies in Whom by Experience we have found to be rather hardned in the Error of their way than softned by Compliance in any thing with them or Indulgence of them When we nurse and brood them as the Country-man did the Snake till they do but sting and hiss at us for our pains Why then should we retain that form of Service which so much regrates upon the Minds of our Friends and is altogether ineffectual to soften or oblige our Enemies 3dly They did no more by way of Reformation then because it pleased God to shorten the * Edward 6. King's Life and put an end to his days before the great Work was finished and Reformation perfected After which it pleased him to suffer the Church again to settle upon the old Lees of Popery All the Relicks and Remainders of which we have found hard to get rid of But now God hath blest us with a Prince who is willing that the Rulers of our Church should take their Fan into their Hand and throughly purge the Floor Let him not now have occasion to say concerning us I would have purged you but you would not be purged till the Lord causeth his fury to rest upon you Obj. But is not this an unjust Reflection upon the Church of England as if it were tainted with the old Leven of Popery When it so lately appeared in open defiance against it standing in the gap to defend us from the Ravage which the old Boards of the Roman Forest would have made in our Vineyard Was it not from hence that our Bank hath been maintain'd against the proud and rampant Waves of Tiber I mean Popery which was coming upon us like a Flood Res 'T is true many learned and worthy Members and Ministers of our Church did unsheath their Pens and used other such Weapons in our Spiritual Warfare as put to flight the Armies of the Aliens Such Batteries have been raised both from the Press and Pulpit as have beaten down the strong holds of the Romish Philistines Yea thanks be to God in a more literal Sense the Shields of those uncircumcised and mighty Men have been vilely cast away yea their Champions are yet falling upon the Mountains of our Gilboa And therefore we ought not to curse those who freely offered themselves and came out to the help of the Lord to the help of the Lord against the mighty But yet if I might without offence I would desire a Query or too to be resolved Que. 1 In the Defection that was made in our short time of trial what compare for number can be made of the Renegadoes which fled and deserted to the Enemy from the Tents of the Church of England with those of the Dissenters I must profess that of the latter I