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A96590 The discovery of mysteries: or, The plots and practices of a prevalent faction in this present Parliament. To overthrow the established religion, and the well setled government of this glorious Church, and to introduce a new framed discipline (not yet agreed upon by themselves what it shall be) to set up a new invented religion, patched together of Anabaptisticall and Brownisticall tenents, and many other new and old errors. And also, to subvert the fundamentall lawes of this famous kingdome, by devesting our King of his just rights, and unquestionable royall prerogatives, and depriving the subjects of the propriety of their goods, and the liberty of their persons; and under the name of the priviledge of Parliament, to exchange that excellent monarchicall government of this nation, into the tyrannicall government of a faction prevailing over the major part of their well-meaning brethren, to vote and order things full of all injustice, oppression and cruelty, as may appeare out of many, by these few subsequent collections of their proceedings. / By Gr. Williams L. Bishop of Ossory. Williams, Gryffith, 1589?-1672. 1643 (1643) Wing W2665; Thomason E60_1; Thomason E104_27; ESTC R23301 95,907 126

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prosecute against the law of God and man Rev. 2.10 because the Lord commandeth us to feare none of those things that we shall suffer but to stand in our integrity unto death and we shall be crowned with the crowne of life 3. They have discharged the Apprentises and servants from their Masters services 3. How they discharged the apprentices and compell them to fight and have either compelled or perswaded them to serve in their army against the King and that without the consent and against the will of their masters and dames yea sometimes against the commands of their owne parents which I speake from their owne mouthes 4. 4. How they imprisoned out men without cause They have imprisoned very many hundreds of most able and most honest men even so many that the Prisons are not able to containe them but they are faine to consecrate the greatest houses in London to become Prisons as the Bishop of Londons house Ely house Winchester House Lambeth house Cresby house the Savoy and the like And this they doe for none other cause but either for performing the duties of their places and dischargeing their obedience to his Majesty as the last Lord Maior Gurney which deserved rather to be commended than committed if we believe many that were present at his tryall or petitioning unto them as Sir George Bynion Copmplaint p. 8 and Captaine Richard Lovelace and Sir William Boteler of Kent because they did not therein flatter and approve their present wicked courses or intending to petition unto the King for reliefe of these lamentable distresses as those Gentlemen of Hertford-shire and Westminster or for being as they conceived disaffected unto their disloyall orders A strange thing and iustice beyond president not the like to be found among the Pagans that where no law can condemne a man for his affections when no action is committed against law men shall bee robbed of their estates and adjudged for malignants which is also a crime most generall and without the compasse of any Statute and then for this now created sinne to bee condemned and imprisoned and therein to remaine without tryall of his offence perhaps as long as the Archbishop of Canterbury And this wonder is the rather to bee wondered at because it is the sence of both Houses M. Pym in his Speech at the Guild-hall if wee may believe Master Pym that it is against the rules of iustice that any man should be imprisoned upon a generall charge when no particulars are proved against him for never charge can be more generall than to be all affected or a malignant or a man not to be confided in where of you finde ten thousand in the City of London and many hundred thousands in the Kingdome and therefore when we finde so many persons of honour and reputation imprisoned only upon this surmise without any other particular charge so much as once suggested against them as was the Lord of Middlesex the Lord of Portland and abundance more and detained in prison because they were ill affected in that they have not contributed to the maintenance of this warre we see how insensibly they have accused themselves to have laid this insupportable punishment beyond the desert of the transgressors and against the rules of all iustice and how they have forgotten their protestation and exceedingly infringed the liberty of the Subiects whereof they promised to bee such faithfull procurators CHAP. XIII Sheweth the proceedings of this faction against the Lawes of the Land the Priviledges of Parliament transgressed eleven speciall wayes 3. 1. Their proceedings against the lawes FOr the Lawes of our land which are either private as those chiefly which belong unto the Parliament and are called the Priviledges of Parliament or publike which are the inheritance of every Subiect you shall find how they have invaded and violated each one of these for 1. 1. Against the priviledges Parliament Touching the Priviledges of Parliament we confesse that former Kings have graciously yeelded many iust priviledges unto them for the freedome of their persons and the liberty of their speeches so they be free from blasphemy or treason of the like unpardonable offence but such a freedome as they challenge though for my selfe I confesse my skill in Law to be unable to distinguish the Legitimate from the usurped yet in these subsequent particulars I find wise men utterly denying it them as 1. When they forbid us to dispute of their Priviledges 1. Denying us to dispute of them L. Elismer in post nati and say that themselves alone are the sole Judges of them when as in former ages they have been adjudged by the Lawes of the Kingdom when Thorpe the Speaker of the House of Commons hath been committed and detained Prisoner upon an Execution and the House confirmed that fact 2. 2. Committing and putting out their Members Complaint p. 11. When the Members of the House of whose elections and transgressions against the House or any of their fellow Members or the like the House is the proper Judge which ought to have as free libertie as any of the rest upon any emergent occasion are committed as Master Palmer and others were or put out of the House as Sir Edward Deering the Lord Faulkland Sir John Culpepper Sir John Strang wayes and others have been voted hand over head for speaking more reason than the more violent partie could answer or in very deed for speaking their mindes freely against the sense of the House or rather against some of the prevalent Faction of the House which we say is no Priviledge but the pravitie of the House to denie this just Priviledge unto those Members that were thus committed or expelled for hereby it doth manifestly appear that contrary to the practice of all former Parliaments and contrary to the honour of any Parliament things were herein debated and carried not by strength of argument but by the most voyces and the greater number were so farre from understanding the validitie of the alleaged reasons that after the Votes passed they scarce conceived the state of the question but thought it enough to be Clerkes to Master Pym 3. Denying their Members to be legally tried for any capitall crime Vide Dyer p. 59.60 Crompton 8. b. 9 10 11. Elism post nats 20 21. The viewer p. 43. and to say Amen to Master Hampden by an implicite faith 3. When they deny the Members of their House or any other imployed by them in this horrid Rebellion should be questioned for felonie treason murder or the like capitall crimes but onely in Parliament or at least by the leave of that House whereof they are Members or which doth imploy them for by this meanes any Member of their House may be a Traitor or a Murderer or a Robber whensoever he please and may easily escape before the partie wronged or complainant can obtain this leave of the House of Commons and therefore this is
in the Earse of Essex his Campt either to take counsell and follow the advice of those secret Sectaries and the masked enemies both of the Church and State that as yet insensible unto him were such in the bosome of his Court and most slily aymed at a further mischiefe then his Majestie could have imagined as now it appeareth by the consequences of this Parliament or else to hazard the dangers that his then open foes were like to bring upon his people And I assure my selfe eyes of flesh that cannot pierce into the mysteries of the hearts and our secret thoughts could see no further nor make any better election then His Majestie did that is to call a Parliament which the hearts of all the Kingdome called and cryed for and which in former times by the wise institution and right prosecution thereof was found to be the Panchreston or as the Weapon-salve an antidote to cure all the diseases and to heale all the bleeding wounds of this Kingdome though of late we have sensibly felt the unhappy ending of some of them which perhaps may be some accidentall cause of some part of this unhappinesse here was His Majesties faire minde and an act of speciall grace for which all His Subjects ought most thankefully to shew themselves loyall unto Him when He preferred their safety before the prosecucuting of his owne resolutions But Decipimur specie recti we are many times deceived by the shadow of truth and betrayed under the vizard of virtue for as God produceth light out of darkenesse and good out of evill so wicked men like the spiders doe sucke poyson from those flowers whence the Bees doe extract honey and these subtle-headed foxes whereof many of them had unduly got themselves elected into the House of Commons and there factiously combined themselves together to doe their great exploit to overthrow the Government both of Church and State and minded to make the Parliament House like Vulcans Forge where they intended to contrive their iron net that should be able to hold fast all sorts of people from him that sitteth upon the Throne to him that walloweth in dust and ashes turned the hopes of our redresses to our extreame miseries when in stead of rectifying our abuses they intended principally to worke our ruine in our just apprehension though perhaps our happinesse in their owne mistaken conception And as the Apostle saith Knowne unto God are all his workes from the beginning and he hath eternally decreed how and by what meanes to bring them all unto perfection so the Devill beings Gods Ape and the wicked treading in his steps doe first mold their designes and intentions in the Idea of their owne braines and conclude the workes they would have done in their owne conceipts and then they frame to themselves the meanes and wayes whereby they are resolved to produce and perfect all those mis-shapen embryoes that they conceived and so these factious men this brood of vipers that would gnaw through the bowels of their mother from the first convention of this Parliament had resolved upon their plot and contrived among themselves what great good worke they would by such and such meanes bring to passe And that was as I hope this subsequent discourse will make it plaine to all The designe plot of the faction of Sectaries that will not be wilfully blinde the subversion of the ancient government both of this Church and Kingdome and to introduce a new Ecclesiasticall Discipline and to frame a new Common wealth much like if not worse then that of our neighbours in the Low-Countries Gratum opus agricolis a brave exploit and a great worke indeed beyond the adventure of Junius Brutus that expelled the Kings but left the Priests alone that purged the corrupti●… on of the royall government but medled not with the religion of their Bishops and Prophets and beyond the undertaking of Martin Luther that pulled downe the pride of the Pope and all that Romish Hierarchie but ventured not to trample upon the Scepter of Kings and the Imperiall government which he held sacred and inviolably to be obeyed for these men perceiving how God had so wisely ordered these governments among his people to assist each other that the one can neither stand nor fall without the other as it is fully and truly shewed in the Grand Rebellion therefore as Caligula wished that the people of Rome had but one necke that so he might dispatch them all unoictu with one stroke so these men would overthrow both governments and destroy both King and Priest both Church and State at one time with one clap with one thunder-bolt And so they should be famous indeed though it were but like the fame of Herostratus that burnt the Temple of Diana or of Raviliac that killed the King of France of Nero that destroyed his mother or Oedipus that murdered his owne father for a man may be as notoriously famous for transcendent villanies and nefarious impieties as another is for his rare vertues and supereminent deeds of piety as in History Thersites is as well knowne for his base cowardice as Achilles for his heroicke valour and in the Scripture Judas for his treachery is as notoriously knowne as Saint Peter for his fidelity therefore these men goe on with this great designe and to effect the same I finde that they aymed at these two speciall things 1. To take away all the lets and impediments that might hinder them They aymed at two things 2. To secure unto themselves all the helpes and furtherances that might advantage them For 1. As a Vineyard that is well hedged 1. To remove the impediments of their designe or a Citie strongly fenced with walls and bulwarkes cannot easily be laid wast and spoyled before these defences be destroyed so the wilde boares cannot devoure the grapes of Gods Church and swallow downe the revenues of her governours and the Rebels cannot pull the Sword out of their Soveraignes hand and lay his Crowne downe in the dust so long as the meanes of their preservations are intire and not removed therefore these men endeavour to eradicate all the impediments of their designe and they saw foure great blockes that were as foure mighty mountaines which their great faith their publique faith being not yet conceived must remove before they could plant their new Church and subvert the old government of this Kingdome and those were 1. The Earle of Straffords head Foure impediments of their designe 2. The free judgement of the Judges 3. The power of dissolving the Parliament 4. The Bishops votes in the House of the Lords For as the heavenly Angels could doe nothing against Sodome while righteous Lot was in it so these earthly Angels the messengers of Abaddon can never effect their ends to overthrow the Church and State to make them as Sodome full of all impurity and villany untill these foure maine stops be taken away and therefore CHAP. II. Sheweth
Hannibal could not invent to effect this hard talke what to perswade mildnesse to become severe or to cause a just and most clement Prince so full of mercy so prone to pardon where there is a fault and so loth to punish but where he must by the Law of Justice the greatest fault to yeeld to put him to death that was in many things so excellent in his life the taske was to procure his assent to passe this Bill and how shall this be done as the Man of God could not be perswaded by any man but by a Man of God a Prophet by a Prophet so now the Bishops that were good men men of conscience and set apart by God to resolve and satisfie weake and tender consciences are thought fit to be sent unto this good King to perswade him as men supposed that to prevent a greater mischiefe he might justly passe this Bill and either 6. or 4. of the prime Prelates are requested by the Lords to goe unto the King to assay how far they can prevaile with him herein and so they went and how they dealt with His Majestie I do not fully understand but am informed by some that went that they assured him he ought to satisfie himselfe in point of Law by his Judges and of State by his Councell how they did any otherwise in any other thing rectify his Conscience in point of divinitie which belonged unto themselves I cannot tell But though I thinke no man can justly lay the least tittle of blame upon the just King no not the Earle himselfe as himselfe professed for yeelding to such and so earnest perswasions of I know not how many reverend Bishops wise Counsellours grave Judges and the flower of all his people to passe that Bill whatsoever it was Yet to say what I conceive with their favour The Bishops right to vote in any cause of my brethren the Bishops in the prosecution of this cause I am perswaded that they had no reason to withdraw themselves from the House and to desert their owne right when the Bill or the Iudgment was to passe against the Earle upon this slight pretence alleaged against them by the haters of the Earle and no lovers of the Bishops that a Clergie-man ought not to have any vote or to be present at the handling of the cause of bloud or death for they might know full well when my Lords grace of Yorke did most clearely manifest this truth that the first inhibition of the Clergy to be present and assistant in causa sanguinis or judicio mortis in the Canon of Innocent the third as I remember for I am driven to fly without my bookes was most unjust onely to tie the Bishops to his blinde obedience to the apparent prejudice of all Christian Princes by denying this their service unto them and it is no wayes obligatory to binde us that are by the Lawes of our Land not onely freed but also injoyned to abandon all the unjust Canons that are repugnant to our Lawes and derogatory to our Kings and to renounce all the usurped authority of the Pope for I would faine know what Scripture or what reason Pope Innocent can alleadge to exclude them from doing that good service both to God and their King which in all reason they can or should be better able to do then most others and I am sure that neither in the old nor in the new Testament nor yet in the Primitive Church untill these subtle Popes began thus to incroach upon the rights of Princes to take away the prerogatives of Kings and to domineer over the consciences of men this exclusion of them from the highest act of Justice was never found The Prophets and Apostles judged in the case of life and death for did not Moses Joshua Samuel Eliah Elizaus Jehoida and others of the Priests and Prophets of the Old Testament and S. Peter also the Prince of the Apostles in the New Testament judge in the case of bloud and pronounced the sentence of death against Malefactors as when Ananias and Sapphira were suddenly brought unto their end by the judgement of the Apostle and if they be able and fit to judge of any thing then why not of this If you say Ob. because they are the advocates of mercy the procurers of pardon the preachers of repentance and men that are made to save life and not to put any one to death or to bring any man unto his end I answer Sol. that they are therefore the fittest men to be the Judges both of life and death for who can better and more justly judge me to death then he that doth most love my life It is certaine he will not condemne me without just cause even as God that is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the father of mercies and even mercy it selfe is the fittest and most righteous Judge that can be found both of death and damnation because his mercy and goodnesse towards his creatures will not permit his severity against sinne though never so detestable to his purity Clergy how fit to be Judges to doe the least injustice to their persons so our love of mercy and pitty will not suffer us to doe any thing that shall transcend the rules of justice and equity and as our inclination to mercy prohibits us to condemne the innocent so our love to justice and our charge to preserve it will not permit us to justifie the wicked for the Scripture teacheth us that he which justifieth the wicked and he that condemneth the innocent that calleth the evill good and the good evill that spareth Agag and killeth Naboth are both alike abominable unto the Lord. And therefore notwithstanding this unjust Canon I never finde in any of our Histories that the Bishops did ever withdraw themselves and quit their votes in this case either before or after save onely from the 10th yeare of Richard the 2d unto the 21th yeare of the raigne of the same unfortunate King which they did not because they could not justly be present but because they had just reasons to be absent as you may finde it in the Annales of his time therefore I know not how to palliate their facility of yeilding way to those Non-Canonicall Lords to produce those non-obliging Canons Non Canonicall Lords which they abhorred in all that made not for the furtherance of their designe to exclude them from doing this which was one of their chiefest duties for who knoweth not the Lord Say and Lord Brooke and others of the Lords to hate all Canons even the old Canons of the Apostles as inconsistent with their new rules of independent government and yet herein to exclude the Bishops votes in the judgement of this man and the passing of this Bill which being admitted might perhaps have turned the scales they will take hold of the unjustest Law and alleadge one of the worst of Canons a Canon against reason and most repugnant
their projects might be removed that so at last their sinnes like the sinnes of the Amorites by little and little growing unto the full might undergo the fulnesse of Gods vengeance which as yet I feare was not fully come to passe for till the Parliament was made perpetuall the things that they have done since were absolutely unimaginable because that while it was a dissoluble body How the faction hath strengthened it selfe they durst not so palpably invade the knowne rights either of King or Subjects whereas now their body being made indissoluble they need not have the same apprehension of either having strengthened themselves by a Bill against the one and by an Army against the other and therefore all the dissolutions of Parliaments from the beginning of them to this time have not done halfe that mischeife as the continu●ance of this one hath done hitherto and God onely knowes what is to succeed hereafter But seeing themselves have publiquely acknowledged in their Declarations that they were too blame if they undertooke any thing now which they would not undertake if it were in His Majesties power to dissolve them the next day and they have since used this meanes which was given them to disburthen the Common-wealth of that debt which was thought insupportable What many wise men do say to plunge it irrevocably into a farre greater debt to the ruine of the whole Kingdome to change the whole frame of our government and subjecting us to so unlimited an arbitrary power that no man knowes at the sitting of the House what he shall be worth at the riseing or whether he shall have his liberty the next day or imprisonment many wise men doe say they see no reason that this trust being forfeited and the faith reposed in them betrayed the King may not immediately re-assume that power of dissolving them into his owne hands againe and both our unjustly abused King and out much injured people declare this act to be void when as contrary to their owne faith and the trust of the King they abuse it to overthrow the fundamentall Lawes of this Kingdome though I could heartily wish that because it still carrieth the countenance of a Law the faction would be so wise as to yeeld it to be presently dissolved by a Law CHAP. IV. Sheweth the abilities of the Bishops the threefold practice of the faction to exclude them out of the House of Peeres and all the Clergy out of all civill Judicature 4. THere was one stop more that might hinder The fourth impediment of their designe or at least hardly suffer their plots to succeed according to their hearts desire and that is the Bishops votes in the upper House nay they cannot endure to call it so but in the House of the Lords for they rightly considered therein these 2 speciall things 1. their number 2. their abilities which are 2. maine things to stop and hinder many evils For 1. They had 26. voices which was a very considerable number and might stop a great gap and stay the streame or at least moderate the violence of any unjust prosecution 2. They were men of great learning men of profound knowledge both in divine and humane affaires and men well educated a cunabulis that spent all their time in books and were conversant with the dead that feared not to speake the truth and have wearied themselves in reading Histoties comparing Lawes The abilities of the Bishops and considering the affaires of all Common-wealthes and so were able if their modesty did not silence them to discourse de quolibet ente to untie every knot and to explaine every riddle and being the immediate servants of the living God set apart as the Apostle speaketh to offer Sacrifice and to administer the Sacraments of God to prepare a people for the Kingdome of heaven it ought not and it cannot be otherwise imagined by any child of the Church that is a true beleever but that they are men of conscience to speake the truth and to doe justice in any cause and betwixt any parties more then most others especially those young Lords and Gentlemen whose yeares do want experience Pardon mee good Lords for so plainly speaking truth and the course of their lives some in hawking and hunting and others in dicing and bowling and visiting blacke-friers play-house or perhaps in worser exercises doth sufficiently shew how weake their judgement must needs be in great affaires and how imperfect their conscience is as yet in holy things I hope not to be preferred before these grave and reverend men And therefore lest these grave men should prove great hinderances of their unjust proceedings before any of their worst intentions be well perceived there must be an exclusion of them from Parliament and from those Lords whose consciences and knowledge they may then the better captivate and bring them the sooner to side with them for to effect their great designe And it is a world of wonders to see with what subtlety and industry with what policy and villanie this one worke must be effected It would fill a volume to collect the particulars of their Devices I will reduce them to these heads 1. They used all meanes to render them odious in the eyes of all people 2. A threefold practice against the Bishops They brought the basest and the refuse of all men watermen porters and the worst of all the apprentices with threats and menaces to thunder forth the death and destruction of these men 3. Upon a pretended treason they caused 12 of them besides the Arch-Bishop that was in the Tower before to be clapt up at once into prison where they kept them in that strong house untill they got it enacted that they should be excluded from the upper House and both they and their Clergy should be debarred from the administration of any secular act of Justice in the common-wealth 1. They endeavoured to make them odious unto the people 2 wayes 1. In making that Order or giving that notice unto the people that any man might exhibit his complaint against scandalous Ministers 1 To make the odious tvvo wayes 1 Way and he should be heard which invitation of all discontented sheepe to throw dirt in their Pastors faces was too palpably malicious for our Saviour told us we should be sent as sheepe into the mids of wolves but here is a sending for the wolves to destroy the Shepheards and it came to passe hereby that no lesse then 900 complaints and petitions were brought in a very short space as I was informed by some of their owne House that feelingly misliked these undue proceedings against many Learned and most faithfull servants of Jesus Christ that were therefore hated because they were not wicked The Ministers why persecuted and persecuted because they were conformable to the Lawes of the King and the Church And the rest of our calling that were factious seditious were both countenanced and applauded
iniquitie Esay 29.20 21. to turne aside the just for a thing of nought to take advantage of a word or to catch men for one syllable to charge them with high Treason to bring them unto death so many Reverend Bishops to such a shamefull end was more malicious than ever I finde the Jewes were to the old Prophets or the Pagan Tyrants unto the Primitive Fathers nor do I beleeve you can parallell the same charge in any Historie yet 3. 3. How they were committed to prison For this one necessitated Act of the Bishops the House of Commons do suddainly upon the first sight thereof charge twelve of them with high Treason they were not so long in condemning it as the Bishops in composing it and accordingly the Lords commit them unto Prison And if this was Treason I demand why could they not prove it so to be Or if it was not why should such an House Flos medulla regni the greatest and the highest Court of Justice from which the King consenting with them there lieth none appeal but onely to the Court of Heaven accuse them of high Treason I would not have that Court to charge a man with any thing that were not most true for certainly whosoever unjustly compasseth my death is justly guiltie of death himselfe when as the Poet saith Lex non justior ulla Quàm necis artifices arte perire suâ It may be they would have us to believe this Treason was not proved nor the charge so fully followed as they intended out of some mercie to save their lives but I could sooner believe they rejoyced to see them fear and were glad of their mistake that they might charge them and by such a charge cast them into prison that so they might the more easily worke their designe to cast them out of the Parliament which now they have soon effected and procured an Act for their exclusion And you must know that to cast out from doing good or serving God is a worke of the devill and not of God so the wicked Husbandmen did cast out the right Heir of the vineyard out of his own inheritance The consequences of this Act. so the Jewes did cast out the blinde man and all that professed Christ out of their Synagogue But you may better judge of this good Act by these consequences which are like to be the fruits thereof 1. Hereby they are all made incapable to do any good either for Gods honour or their neighbours benefit 1. Made incapable of doing any good by executing justice or pronouncing judgement in any cause in any temporall Court and justice which long agon hath fled to heaven and wanders as a stranger here on earth must be countenanced and entertained onely by the sonnes of men by secular Lords and Gentlemen and the Spirituall Lords the Servants of God and messengers of heaven must have nothing to do with her not because they are not as well able as any other to do justice but because the others cannot endure to let them see it for fear they should hinder their injustice and therefore justice and judgement are like to speed well on earth when their chiefest friends are banished from them and it may be worldlings oppressours or most ignorant youthes rather than any just understanders of their natures must be their Judges 2. 2. Made unable to defend themselves Hereby they are made unable to defend themselves or their calling from any wrong their respect was little enough before and their indignities were great enough and yet now we are exposed to far greater miseries and to unresistable injuries when a Bishop hath not so much Authoritie as a Constable to withstand his greatest affronts But hoc Ithacus velit this is that which the devill and his great Atreidesses his prime champions to enlarge his kingdom would fain have our soules to remain among Lions and all the meanes of defence to be taken from us our enemies to be our judges and our selves to be murdered with our own weapons In the time of Poperie there were many Lawes de immunitate clericorum whereby we were so protected that the greatest Prince could not oppresse us as you may finde in the Reigne of King John and almost in all our Histories and when we renounced the Pope God made Kings our nursing fathers and Queenes our nursing mothers and we putting our selves under their protection have been hitherto most gratiously protected but now by this Act we are left naked of all defence and set under the very sword of our Adversaries and as the Psalmist saith They that hated us are made Lords over us to callus to assesse us to undo us 3. 3. Debarred of that right that none else are Hereby they are made more slavish than the meanest Subject and deprived of that benefit and priviledge which the poorest Shoomaker Tailor or any other Tradesman or yeoman hath most justly left unto him for to be excluded debarred and altogether made uncapable of any benefit is such an insupportable burden that it is set upon no mans shoulders but upon the Clergie alone as if they alone were either unworthy to receive or unable to do any good 4. 4. Made more contemptible than all others Hereby they are made the unparalleled spectacle of all neglect and scorne to all forraigne people for I can hardly believe the like precedent can be shewed in any Age or any other Nation of the world no not among the very Infidels or Indians for in former times the Bishops and Clergie-men were thought the fittest instruments to be imployed in the best places of greatest trust and highest importance in the Common-wealth and Kings made them their Embasladours as the Emperour Vas lentinian did S. Ambrose and our own Chronicles relate how former times respected the Clergie and how our Kings made them both their Counsellors and their Treasurers Chancellors Keepers of the Great Seal and the like Officers of the chiefest concernment as Ethelbert in the yeer of Christ 605. saith I Ethelbert King of Kent Vt refert in tract atu suo de eposeopatu p. 61 62. M. Theyer Sir Henry Spelman p. 118. with the consent of the Reverend Archbishop Augustine and of my Princes do give and grant c. and the said Ethelbert with the Queen and his Son Eadbald and the most Reverend Prelate Augustine and with the rest of the Nobilitie of the Land solemnly kept his Christmasse at Canterbury and there assembled a Common Counsell Tam cleri quàm populi as well of the Clergie as of the people and King Adelstan saith Idem p. 403 I Adelstan the King do signifie unto all the Officers in my Kingdom that by the advice of Wolfelme my Archbishop and of all my Bishops In the great Councell of King Ina Anno 712. the edicts were enacted by the Common Counsell and consent Omnium Episcoporum principum Idem p. 219. procerum Comitum
I have fully shewed and I would all Kings would read it in the Grand Rebellion But I see no reason why it may not and why it should not be retracted and annulled That the act should be annulled when the Houses shall be purged of that Anabaptisticall and Rebellious faction that contrived and procured the same to passe for these three speciall reasons 1. 1. Reason Because that contrary to all former precidents that Bill for their exclusion was as it is reported at the first refused and after a full bearing among the Lords it was by most votes by more then a dozen voices rejected and yet to shew unto the world that the factions maltee against the Bishops had no end their rage was still implacable at the same Session which is very considerable immediatly assoone as ever they understood it was rejected the House of Commons revived it and so pressed it unto the Lords that if I may have leave to speake the truth contrary to all right * For I conceave this to be an approved maxime that no light not proved forfitea by some of fence can be taken away wuhout wrong 2 Keasom In His Majesties answer to the Petition of the Lords and Commons 16 of July p. 8. it must be againe received and while the Bishops were in prison it was with what honour I know not strangely confirmed 2. Because this Bill had the Royall assent after that a most riotous tumult many thousands of men with all sorts of warlike weapons both on land and water most disloyally had driven His Majestie to fly from London that most Rebellious City not without feare for his owne safety even for the safety of his life as himselfe professeth and when they had so cunningly contrived their plot as to get some of the Kings servants and friends that were about him and imployed in the Queenes affaires to perswade Her Majesty to use all her power with the King for the passing of this Bill or else Her journey should be slaied as formerly they had altered her resolution for the Spaw and at Rochester she should understand the sense of the House to stop Her passage unto Holland whereas the passing of this Bill might make way for Her passage over and many other such frights and feares they put both upon the King and Queene to inforce him full sore against his will as we beleive to passe this harsh Bill for the exclusion of the spirituall Lords out of the House of Peeres and of all the Clergy from all Secular Judicature But Master Pym will tell us he did Ald. Gar. speech at Guild hall that it was the opinion of both Houses there was no occasion given by any tumults that might justly cause His Majesties departure To whom I answere with the words of Alderman Garroway if the Houses had declared that it had beene lawfull to beat the King out of Town I must have sate still with wonder though I should never beleive it but when they declare matters of fact which is equally within our own knowledge and wherein we cannot be deceived as in the things we have seene with our eyes if they dissent from truth they must give me leave to differ from them as if they should declare they have paied all the money that they owe unto the city or that there was * For now I understand it is pulled down no Crosse standing in Cheapside we shall hardly beleive them And therefore seeing we all remember when the alarme was given that there was an attempt from Whitehall upon the City how hardly it was appeased and how no babies thought the designe of those subtle beads that gave that false alarme was no lesse then to have caused Wite hall to be pulled downe and they that loved the King and saw the Army both by Land and water which accompanied the persons accused to Westminster the next day after His Majesties departure as if they had passed in a Roman triumph conceived the danger to be so great that I call Heaven to witnesse they blessed God that so gracioussly put it in the Kings heart rather to passe away over night though very late then hazard the danger that might have ensued the day following The meaning therefore of both Houses may be that there was nothing done which they confessed to be a tumult and no mervaile because they received incouragement as we beleeved from their defence and no reproofe that we found was made for this indignity offered unto the King but if I be constrained and in danger it is not enough for me that I am voted free and safe for if that which lookes as like a tumult as that did or as the representation of my face in the truest glasse is like my face doth come against me and incompasse me about though I may be perhaps in more safety yet I shall thinke my selfe in great feare and in no more security then His Majestie was at Edge-hill 3. 3 Reason p. 7 Because as the veiwer of the Observat hath very well exprest it no act of Parliament can prevaile to deprive the King of His right and authority as an attainder by Parliament could not barre the title to the Crowne from descending on King Hen. 7. nor was an act of Parliament disabling King Hen. 6. to re-assume the government of his people of any force but without any repeale in it selfe frustrate and void 7. rep 14. Calvins case an act of Parliament cannot take away the protection or the Subjects service which is due by the Law of nature 11. rep Sur de la Wares case William de la Ware although disabled by act of Patliament was neverthelesse called by Queene Elizabeth to sit as a peere in Parliament for that it seems the Queen could not be barred of the service and councell of any of Her Subjects 2. H. 7.6 a statute that the King by no non obstante shall dispence with it is void because it would take a necessary part of government out of the Kings hand and therefore I se not how this act can deprive the King of the service and councell of all his Bishops and clergy but that it is void of it selfe and needeth no repeale or if otherwise yet seeing that besides all this 13 of the Bishops were shut in prison when this act passed and their protestation was made long before this time and it was so unduly framed so illegally prosecuted and with such compulsive threats and terrours procured to be passed I hope the wisedome of the next Parliament together with their love and respect to the Church and Church-men will nullifie the same CHAP. VI. Sheweth the plots of the faction to gaine unto themselves the freindship and assistance of the Scotts and to what end they framed their new protestation how they provoked the Irish to rebell and what other things they gained thereby ANd thus the Sectaries of this Kingdome and the faction in
One of them uttered in a Taverne and God will avert it from his Servant That they would make the King as poor as Job Sober Sadnesse p. 22. unlesse he did comply with them 2. 2. Wrong If any man which they like not attend the Kings Person though he be his sworne servant or assist him in his just defence which he is bound to do by the Law of God and man yet he is presently voted and condemned for a Malignant popish disaffected evill Councellour and an enemie to the State and that is enough if he be catched to have him spoiled and imprisoned at their pleasure nay my selfe was told by some of that Faction that because I went to see the King I should be plundered and imprisoned if I were taken 3. 3. Wrong Though they do solemnly professe that his Majesties personall safetie and his royall honour and greatnesse are much dearer unto them than their own lives fortunes The Petition to his Majestie the 16. of July 1642. which they do most heartily dedicate shall most willingly imploy for the support maintenance thereof yet for all this hearty Protestation they had at that very time as the King most acourately observeth in his Answer directed the Earle of Warwicke to assist Sir John Hotham against him appointed thier Generals Non turpe est abeo vinci quē vincereest nesas neque ei inhonestè aliquē submitti quem ●e●… super omnes extulit Dictum Arme●… Pompeio and as Alderman Garroway testifieth raised ten thousand armed men out of London and the neighbour Countries before the King had seven hundred● and afterwards though the King sent from Nottingham a gratious Message and sollicitation for peace yet they supposing this proceeded from a diffidence of his own strength or being too confident of thier own force sleighted the Kings Grace and most barbarously proceeded in the most hostile manner waged war and gave battaile against the Kings Armie where they knew he was in his own Person and as one of their Preachers taught the Sunday before the Battaile that they might with a good conscience as well kill the King horresco dicere as any other man so according to Captain Blagues directions as Iudas taught the high Priests servants we know what Troopes and Regiments were most aimed at whereas they doe most ridiculously say they have for the defence of his person sent many a Canon bullet about his eares which he did with that Kingly courage and heroike magnanimity yea and that Christian resolution and dependance on Gods assistance passe through that it shall be recorded to his everlasting honour and their indeleble shame and reproach so long as the world endureth 4. 4. Wrong They have most disloyally and traiterously spoken both privately and publikely such things against his Majesty as would make the very Heathens teare them in peeces that should say the like of their tyrannous Kings and such as I could not believe they proceeded from the mouth of a Christian against so Christiana King but that I finde most of them were publikely uttered made knowne unto his Majesty and related by himselfe and those that were eare witnesses thereof as horresco referens that he was not worthy to be our King not fit to live Sober sadnesse P 3 The Viewer p. 4. His Majesties Declaration Trussell in the supplement to Daniels history that hee was the traitor that the Prince would governe better and that they dealt fairely with him they did not depose him as their fore-fathers had deposed Richard the second whom all the world knoweth to be most traiterously murdered and the whole progresse of that act whereby hee was deposed is nothing else but the scandall of that parliament and an horrid treason upon the fairest relation of any Chronicle and the good Bishop of Carlile was not then affraid in open house to tell the Lords so to their faces and I would our parliament men would read his speech 5 They command their owne Orders 5. Wrong Ordinances and Declarations to be printed Cum privilegio and to be published in publike throughout the whole Kingdome and they are not a little punished that neglect it and whatsoever Message Answer Declaration or Proclamation commeth from the King to informe his subjects of the truth of things and to undeceive his much seduced people they streightly forbid those to bee printed and imprison if they can catch them all that publish them as they did many worthy Ministers in the City of London and in many other places of this Kingdome 6 They have publikely voted in their house and accordingly indeavoured by Messages to perswade our brethren of Scotland to ioyne in their assistance with these grand rebels 6. Wrong to rebell against their Soveraigne but I perswade my selfe as I said before that the Nobility and Gentry of Scotland are more religious in themselves more loyall to their liege Lord and indeed wiser in all their actions then while they may live quietly at home in a happy peace to undertake upon the perswasions of rebellious subiects such an unhappy warre abroad 7. It is remonstrated and related publikely that as if they had shaken off all subiection 7. Wrong and were become already a State independent they have treated by their agents with forraigne states and doe still proceed in that course which if true is such an usurpation upon Soveraignty as was never before attempted in this Kingdome and such a presumption as few men know the secret mischiefes that may lurke therein 8. They suffer and licence their Pamphleters Pryn 8. Wrong Goodewin Burges Marshall Sedgwicke and other emmissaries of wickednesse to publish such treasons and blasphemies and abominable aphorismes as that the negative vote of the King is no more then the dissent of one man the affirmative vote of the King makes not a law ergo the negative cannot destroy it and the like absurd and senslesse things that are in those aphorisms and in Prins booke of the Soveraigne power of Parliament whereby they would deny the kings power to hinder any act that both the Houses shall conclude and so taking away those iust prerogatives from him that are as hereditary to him as his kingdome compell him to assent to their conclusions Why the two ●… Spencers dyed for which things our histories tell us that other Parliaments have banished and upon their returnes they were hanged both the Spenters the father and the sonne for the like presumption as among other Articles for denying this Prerogative unto their king and affirming that if he neglected his duty and would not do what he ought Per asperte vid. Elismere post●…atip 99. for the good of the kingdom he might bee compelled by force to performe it which very thing divesteth the king of all Soveraignty overthroweth Monarchy and maketh our government a meer Aristocracy contrary to the constitution of our first kings and the iudgement of all ages
for we know full well from the practise of all former parliaments that seeing the three States are subordinate unto the king p. 48 in making lawes wherein the chiefest power consisteth they may propound and consent but it is stil in the kings power to refuse or ratifie and I never read that any parliament man till now did ever say the contrary but that if there be no concurrence of the king in whom formally the power of making of any law resideth ut in subiecto to make the law the two Houses whose consent is but a requisite condition to compleat the kings power are but a livelesse convention like two cyphets without a figure that of themselves are of no value or power but ioyned unto their figures have the full strength of their places p 19 20 21 which is confirmed by the viewer of the Observations out of 11. Hen. 7.23 per Davers Polydore 185. Cowell inter Verbo prerog Sir Tho. Smith de republ Angl. l. 2. c. 3. Bodin l. 1. c. 8. for if the kings consent were not necessary for the perfecting of every act then certainly as another saith all those Bills that heretofore have passed both Houses The Letter to a Gentleman in Gloucester shite p 3 and for want of the Royall assent have slept and beene buried all this while would now rise up as so many lawes and statutes and would make as great confusion as these new orders and ordinances have done And as the Lawyers tell us that the necessity of the assent of all three states in Parliament Lamberts Archeion 271. Vid. he Viewes p. 21. is such as without any one of them the rest doe but loose their labour so Le Roy est assentus c●o faict un act de Parliament and as another saith Nihil ratum ha● betur nisi quod Rex comprobarit nothing is perfected but what the King confirmeth But here in the naming of the three States I must tell you that I find in most of our Writers about this new-borne question of the Kings power a very great omission that they are not particularly set downe that the whole Kingdome might know which is every one of them and upon this omission I conceive as great mistake in them that say the three States are 1. the King 2. the House of Peeres 3. Which hee the three States of England the House of Commons for I am informed by no meane Lawyer that you may find it upon the Rowles of Hen. 5. as I remember and I am sure you may find it in the first yeare of Rich. 3. where the three States are particularly named and the king is none of them for it is said that at the request Speed l 9 c 19 p. 712. Anno 1 Ric. 3 and by the assent of the three estates of this Realm that is to say the Lords Spirituall the Lords temporall and Commons of the Land assembled it is declared that our said Soveraign Lord the king is the very undoubted king of this realm wherein you may plainly see the king that is acknowledged their Soveraigne by all three can be none of the three but is the head of all three as the Deane is none of the Chapter but is caput cepituls and as in France and Spaine so in England I conceive the three estates to bee 1. the Lords Spirituall that are if not representing yet in loco in the behalte of all the Clergie of England that till these anabaptisticall tares have almost choaked all the Wheat in Gods field were thought so considerable a party as might deserve as well a representation in Parliament as old Sarum or the like Borough of scarce twenty Houses 2. The Lords Temporall in the right of their honour and their posterity 3. The Commons that are elected in the behalfe of the Countrey Cities and Burroughs and what these three States consult and conclude upon for the good of the Church and kingdome the king as the head of all was either to approve or reiect what he pleased and though we finde with some difficulty as the viewer of the Observations saith where the Parliament is said to be a body consisting of King Lords and Commons ergo without the king there is no Parliament yet herein the king is not said to be one of the three states but the first and most principall part that constitutes the body of the parliament p. 2● 25. H 8 21. but John Bodin that had very exactly learned the nature of our parliament both by his reading and conferring with our English Embassador as himselfe confesseth saith the States of England are never otherwise assembled no more then they are in the Realmes of France and Spaine then by parliament write and the states proceed not but by way of supplications and requests unto the king Bodin de repub l. 1. c. 8 and the states have no power of themselves to determine or decree any thing seeing they cannot so much as assemble themselves nor being assembled depart without expresse commandement from the king In all this and for all the search that I have made I finde not the king named to be one but rather by the consequence of the discourse to bee none of the three but as I said the head of all the three states for either the words of Bodin must bee understood of two states in all the three kingdomes which then had beene more properly termed as we call them either the two Houses or the Lords and Commons or else they must be very absurd because the three states if the king be one of them can not bee said to be called by parliament writs when as the king is called by no writ nor can hee be said to supplicate unto himselfe or to have no power to depart without leave that is of himself Therefore it must needs follow that this learned man who would speake neither absurdly nor improperly meant by the three states 1. The Lords Spirituall 2. The Lords Temporall 3. The Commons of the kingdome and the King as the head of all calling them consulting and concluding with them and dismissing them when he pleased And Will. Martyn saith King Hen 1 at the same time 1114. devised and ordained the manner and fashion of a Court in Parliament appointing it to consist of the three estates of which himselfe was the head so that his lawes being made by the consent of all were not disliked of any these are his words And I am informed by good Lawyers that you may finde it in the preambles of many of our Statutes and in the body of some other Statutes and in some Petitions especially one presented to Queene Elizabeth for the inlargement of one that was committed for a motion that he made for excluding the Bishops out of the House of peeres Such is the difference betwixt Queene Elizabeths time and our times the three states are thus particularized and the Lords Spirituall are nominated
as unreasonable and as senslesse a Priviledge as ever was challenged and was never heard of till this Parliament for why should any man refuse his Triall or the House deny their Members to the justice of the Law when as the deniall of them to be tried by the Law implyeth a doubt in us of the innocencie of those whom we will not submit to justice and their Triall would make them live gloriously hereafter if they were found innocent and move the King to deliver those men that had so wickedly conspired their destruction to the like censure of the Law But for them to cry out The King is misinformed and We dare not trust our selves upon a Triall may be a way to preserve their safetie but with the losse of their reputation and perhaps the destruction of many thousands of people If they say they are contented to be tried but by their own House which in the time of Parliament is the highest Court of justice it may be answered said a plain Rustique with the old Proverbe Aske my fellow if I be a thief for mine own part I reverence the justice of a Parliament in all other judgements betwixt partie and partie yea betwixt the King and any other Subject yet when the partie accused shall be judged by his own Societie his Brethren and his own Faction I believe any indifferent Judge would see this to be too great partialitie against the King that he shall not have those whom he accuseth to be tried by the Lawes already established and the ordinary course of Justice and if the Iudges offend in their sentence the Parliament hath full power undenied them by his Majestie to question and to punish those Judges as they did for that too palpable injustice as they conceived in the case of the Ship money but they will be judged by themselves and all that dissent from them must be at their mercie or destruction And yet it is said to be evident that no Priviledge can have its ground or commencement unlesse it be by statute grant or prescription and by the stat 26. Hen. 8. cap. 13. it is enacted that no offender in any kinde of high Treason shall have the priviledge of any manner of Sanctuarie so all the Grants of such a priviledge if any such should be made are meerly void 1. Hen. 7. Staffords case and not one instance could hitherto beproduced whereby such a Priviledge was either allowed or claimed but the contrary most clearly proved by his Majestie out of Wentworths case And therefore seeing your own Law-bookes tell us that the Priviledge of Parliament doth not extend to Treason the breach of the Peace and as some thinke against the Kings debt it is apparent how grossely they do abuse the People by this claim of the Priviledge of Parliament 4. 4. Conniving with their Faction for any fault When they connive with their own compeeres for any breach of priviledge as with Master Whitakers for searching Master Hampdens pockets and taking away his papers immediately after the abrupt breaking up of the last unhappy Parliament and those that discovered the names of them that differed in opinion from the rest of the Faction in the businesse of the Earle of Strafford and specially with that rabble of Brownists and Anabaptists which with unheard of impudencie durst aske that question publiquely at the Barre who they were that opposed the well affected partie in that House as if they meant to be even with them whosoever they were and likewise that unruly multitude of zealous Sectaries that were sent as I finde it by Captain Ven and Isaac Pennington to cry Justice Justice Justice and No Bishops no Bishops and this to terrifie some of the Lords from the House and to awe the rest that should remain in the House as they had formerly done in the case of the Earle of Strafford and when others that they like not are for the least breach of pretended Priviledge either imprisoned or expelled for I assure my selfe there cannot be higher breaches of Priviledges than these be nor greater stainec to obscure the honour and vilifie the repute of this Parliament 5. 5. The ingaging one another in civill causes When there is such siding and ingaging one another in civill causes that they may be conglutinated together for their great Designe to do things not according unto justice but for their own ends contrary to all right and their favour is scarce worth the charge of attendance to them that speed best by their Ordinances but the complaint is that men have the greatest injuries done them in this that themselves call the highest Court of Justice which others say hath now justified all other inferiour Courts and made all unrighteous judges most just 6. 6. The surreptitious carrying of businesses When as we have been informed a matter of the greatest importance hath been debated and put unto the question and upon the question determined and the Bill once and again rejected yet at another time even the third time when the Faction had prepared the House for their own purpose and knew they could carry it by most voyces the same question hath been resumed and determined quite contrary to the former determination when the House was more orderly convened as it is said they did to passe the Ordinance for the Militia which many men dare avouch to their faces to be no Priviledge of Parliament but a great abuse of their fellow Members and a greater injurie unto all their fellow Subjects 7. 7. Their partiall questioning of some men and not questioning of some others When the elections of some of their Members have been questioned and others have been accused for no lesse than capitall crimes as Master Griffith was yet if these men incline and conspire with this Faction to confirme those positions which they proposed to themselves to overthrow the Church and State and to uphold their usurped Government and tyrannicall Ordinances they will pretend twenty excuses as the great affaires of the State the multiplicitie of their businesses the necessitie of procuring monies the shortnesse of their time though they sate almost three yeares already that they have no leisure to determine these questions which in truth they do purposely put off least they should leese such a friend unto their partie but when any other which dissenteth from their humours doth but any thing contrary to the straitest Rules of the House they do presently notwithstanding all their greatest affaires call that matter into question and it must be examined and followed with that eagernesse as in my Lord Digby's case that he must be forthwith condemned and excluded The L. Digby in his Apolog. for we say this cannot be any just priviledge but an unjust proceeding of this Parliament 8. When they delegate their power to some men to do some things of themselves without the rest 8. The delegating of their power to particular men as it