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A20031 A true, modest, and iust defence of the petition for reformation, exhibited to the Kings most excellent Maiestie Containing an answere to the confutation published under the names of some of the Vniuersitie of Oxford. Together vvith a full declaration out of the Scriptures, and practise of the primitiue Church, of the severall points of the said petition. Sprint, John, d. 1623. Anatomy of the controversed ceremonies of the church of England. 1618 (1618) STC 6469; ESTC S119326 135,310 312

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canere instrumentis in animis puerorum est To vse instruments is for babes and children Itaque in ecclesijs sublatus est tantum instrumentorum vsus relictum est canere simpliciter so that our brethren thinking by these authorities to helpe their cause haue indeed cut the throat of it The Papists themselues confesse that their harmonicall musicke is much later lib. 4. Chronol p. 729. then Iustine Martyr or Augustine either Genebrand confesseth that Pope Constantine sent Organs to King Pippin anno 757. as yet unknowne to the Germanes and Frenchmen and Beza sheweth by good authorities that they were first brought in by Pope Viteliane at the soonest and Colloqu Mompelg par 2. p. 37. into France anno 878. So long the Churches of Christ stood without them and it had been well with them if they had stood so still VVherefore most noble King 1. Seing this theatricall Musicke serveth not to edification in the Church to the which all things there used should serue by the Apostles rule 2. Seeing it hindereth edification in withdrawing the minde from contemplation and pulling it down to carnall delight 3. Seeing it was a part of the Leviticall service which is now ceased in Christ 4. Seing plain voice musicke was taken to be fittest for Gods service by Christ and the Apostles and all the Fathers in the best times of the Church we most humbly entreate your maiesty that this stage-like musicke may be removed and that which is fittest for edification and best beseeming the spirituall worship of the Gospell may be retayned 12. Against the prophanation of the Lords day HErein we both consent Hee is very Answ to pet p. 12. prophane say our brethren that desireth not this from his heart Now wee heartily thanke the holy God of Heaven even for this and we pray him that hath begun this good in our brethren to encrease it to the day of Iesus Christ Indeed the sanctifying of the Sabbath Esay 58. 13 Exod. 31. 13 is it that giveth life to all religion and therefore this being once well setled all religious and Christian duties will quickly follow VVherefore O most noble King not onely we the ministers that desire reformation but both your Vniversities the Vice Chancellors Doctors and heads of houses and the rest of the learned Clergy and obedient subiects expect this at your Highnesse hands that as you haue by your most Christian proclamation give Constant. Euseb lib. 4. c. 19. Theodos Valent. c. de ferijs Carolus magn 139. K. Canutus K. Iuas in martyrol Fox p. 73. Gythcon K. of Danes ibid. p. 755. Exod. 20. 10. charge for the sanctifying of the Lords day and for restraining of idle sports and games upon it as the godly Emperours and Kings haue done before So because through the backwardnes and disorder of many brutish people that day is not yet so carefullie regarded as it should bee It will please your highnesse so soone as God shall giue opportunitie to enact it as a Law that all your Maiesties people may not onely keep a rest but a religious and holy rest upon that day VVee know your highnesse knoweth the largenesse of your gates that they be as large as your kingdom and therefore will provide by godly and wholesome lawes according to the charge of your God which is uppon you that all within your gates i. within your hignesse government and dominions shall keepe the day of the Lords rest in all the holy duties and services of it 13. That the rest upon holy dayes be not so strictly urged Argument 1. IF Saints dayes may without any offence to God bee remooved then the strict observation thereof should not be so severely urged But the first is true for some Churches reformed haue de facto taken them away as brought in by men and de iure they might so do because the keeping of such times without speciall commandement seemeth to be an observing of dayes contrary to the Apostle Gal. 4. 10. and a consecrating of them to the memory of men which should onely be obserued to the Lord Rom. 14. 6. As Ambrose well saith qui calendas Ianuarias colit peccat quoniam homini mortuo defert divinitatis obsequium he that keepeth the calends of Ianuarie sinneth because he giveth divine worship to a dead man his reason is as good against holy dayes Amb. ser 17 kept in the memory of Christian men as Pagans for divine honor should be yeelded to neither Arg. 2. There should be a diffrence made between the rest upon the Lords day and other holy dayes But now there is no difference the rest being as strictly urged upon the one day as the other Ergo. The proposition is thus proved i. The Lord himselfe maketh a difference betweene the Sabboth and other holy dayes of his own appointment for upon the passeover day it was lawfull to dresse that which they did eate Exod. 12. 16 But not so upon the Lord day Exod. 16. 2. 3. 2. the Sabboth is of the Lords institution and so precisely to be kept holy dayes are but an Ecclesiasticall constitituon and therefore not in the observation to bee made equall to the other 3. Difference to be made in the obseruatiō of the Lords day and other holy dayes the rest upon the Lords day doth simply bind in conscience as all the commandements of God doe the rest of holy dayes doth not simply bind in conscience in respect of the thing commanded but as we are bound in conscience to obey our governours in all lawfull things for there is but one lawgiuer which is able to saue and to destroy Iam. 4. 12. 4. the constitutions of the Church haue observed this difference making greater restraint of labour upon the Lords day then upon other festivals upon the Lords day all ruralia opera works of husbandrie are forbidden Cabilonens c. 18. itinerari cum caballis to travel with horse or oxen Aurelian 3. 27. to keep Fairs or Markets upon the Lords day Coloni part 9. c. 10. no courts or pleas then to be holden Tarraconens c. 4. no dansing or playes or shewes to bee used Mogunt c. 61. All these canons and many more provide onely or chiefly pro diebus dominicis for the Lords dayes Argu. 3. That liberty which God hath given to worke six daies ought not where Exod. 20. 6 there is no urgent necessity to be restrained especially where there is a necessity to labour for where necessity requireth wee deny not but a day of cessation may be enioyned upon the worke dayes as when a generall day of fast or of thanksgiving is proclaimed yet even upon these daies necessary labours are excepted But the rest of holy daies is upon no necessity yea many pore men working a crash for necessity haue been fetched to the Courts and forced to pay large fees Ergo it impugneth the liberty which God hath given and so is unlawfull as it is
then severity cohortation then commination charity then authority but they which seeke their own not Iesus Christs doe swarue from this Law which seek rather to rule then counsell their subiects for while honour pleaseth pride puffeth up that which was provided for a remedy to a malady Leo epist 82. distinct 45. 6. In the urging of subscription they forget Christian compassion stripping Ministers and some of them aged of their livings to the undoing of themselues their wiues and children Iosias shewed more compassion to the Chemarims that were idolatrous Priests who though they were not permitted to come up to the altar yet did not eate unleavened bread among their brethren 2. Reg. 23. 9. they had their maintenance from the temple The Popes Canons herein were more equall that pittied old age as Gregory thus decreeth sed quia simplicitatem tuam cum senectute novimus interim tacemus the penall sentence was ready to be inflicted but because wee know your simplicity ioyned with old age we hold our peace Caus 1. q. 7. can 11. 7. This forcing of subscription to Ceremonies not warranted by the word is contrary to the Scriptures and practise of the Church In Nehemiahs time Subscription was required and an oath of the chiefe of the people but it was onely to walk in Gods Law Neh. 10. 29. not to keepe any traditions not written VVhen Victor would haue forced the East Churches to keep Easter as the Latine Churches did and was resolved to excommunicate them certaine Christian Bishops and Irenaeus among Euseb lib. c. 22. the rest did reproue him tanquam inutiliter Ecclesiae commodis consulentem as unprofitably regarding the Churches good There arose in Gregory the first his time a Tolet. 4. c. 5 great difference in Spaine about the thrice dipping in baptisme some doing it but once Leander a Spanish Bishop sent to Gregory about it who determineth that the Infant was baptized sive trina sive simpla mersione whether with thrice or once dipped hee would haue no contention about that ceremony But his successours more rigorous then charitable one decreed that it was Evangelicum praeceptum Part. 3. dist 4. c. 82. an Evangelicall precept to dip thrice Another that hee was not a perfect Christian that was not thrice dipped Lastly Pelagius it was decreed in the 8. generall Councell at Constantinople that whereas Photius the Can. 8. 9. concil general Constantinop usurper of that sea did extorquere chyrographas c. extort from clergie handwritings promising thereby to cleaue unto him and he againe gaue them by his hand writing faculties to preach And certaine Catholicke Bishops had taken up the like custome to urge subscription The contrary was decreed by that Councell ut Episcopi nullus chyrographas c. that Bishops should no more exact such subscription sed tantummodo fierent solennitates de more but to be content with the old use they should enforce no new subscriptions but keepe the old customes solennities The Bishops then in urging new subscriptions to combine the Clergy to cleaue unto them not otherwise to grant them licenses to preach did reviue the corrupt use of Photius the pseudo-Patriark condemned in this Councell 8. To require absolute subscription to the booke is to make it almost equall to the Scripture as freed from all errour but this properly the holy writings onely haue viz. to bee perfect right pure Psal 19. 7. The Law of the Lord is perfect the statuts of the Lord are right VVhat could be required more then to subscribe absolutely to the word of God as pure perfect and without any errour Augustine well distinguisheth between divine and humane writing de Scripturis canonicis non licet dicere c. of the Canonicall Scriptures it is not lawfull to say the Author was deceived but in other books which are written by us not with authority of precept but exercise to profit though there be found the same verity yet are they not of the same authority which kind of writing must be read not with necessity of beleefe but liberty of iudgement Aug. cont Faust l. 11. 5. But there is now no liberty of iudgmēt left but necessity of beliefe imposed in this absolute subscriptiō 9. Beside this violent course of subscription hath bred a great scandale in the Church disturbed the peace thereof that whereas quietly before Ministers ioyned together in building the Lords house after the same began to be urged then suspensions imprisoning silencing depriving of many profitable ministers followed Saint Paul saith Would to God they were cut off that disquiet you Gal. 5. 12. They were disquieters of the Church that urged the ceremonies not they that refused them Conscience forced not the one to urge subscription for they themselues hold these Ceremonies not to bee necessary but conscience moved the other in not subscribing unto them VVho were then disturbers they which urged those things which with a good conscience might be left or they which refused those which with a good conscience they thought they could not use There is a rule in the law In rebus dubijs pars tutior sequenda In doubtfull matters the safer way is to be followed Not to use such rites and ceremonies is no sin but to yeeld unto them in him that is not resolved is sinne The law resolveth that the lesse doubted course should be taken not to use them at all Cyrillus thus writeth to Gemadius Sicut ij qui mare navigant c. As they which saile in the Sea when a tempest ariseth and the ship is in danger doe disburden it of some things to saue the rest so seeing it is not in our power to saue all despicimus ex ijs quaedam ne cunctorum patiamur dispendia Wee seeme to neglect or winke at some things lest wee should leese all So it had been better to haue cast out such burthenous ceremonies then to put the ship of the Church in hazard and disturbe the peace thereof 10. The forme of subscription is contrary Subscription contrary to law to the law of the land as may appeare by these reasons 1. The Law requireth subscription onely to the Articles of Religion in these words He shall declare Anno 13. Eliz. c. 12. his assent and subscribe to all the articles of Religion which onely concerne the confession of the true christian faith and the doctrine of the Sacraments But to subscribe to the booke of common praier doth not onely concerne the confession of true Christian faith Ergo by the lawe it is not to be subscribed unto 2. That which Ministers doe subscribe unto by law must appeare under the seal testimoniall of the Bishop and bee publikely declared in the Church within two moneths of induction but neither doth the testimoniall make mention of subscription to the booke neither is the Minister bound to declare his assent thereto in the Church Ergo it is not agreeable to the law 3. The