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A83496 Speeches and passages of this great and happy Parliament: from the third of November, 1640, to this instant June, 1641. Collected into one volume, and according to the most perfect originalls, exactly published. England and Wales. Parliament.; Mervyn, Audley, Sir, d. 1675.; Pym, John, 1584-1643.; Strafford, Thomas Wentworth, Earl of, 1593-1641. 1641 (1641) Wing E2309; Thomason E159_1; ESTC R212697 305,420 563

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but of late and were first called so 16 Rich. 2. c. 1. in our Statutes By his spiritualties I mean those wherein he is more then a Presbyter and therein I consider his authority over Presbyters by the Oath of Canonicall Obedience by which he may command them to collect tenths granted in Convocation c. 20 Hen. 6.13 p. 25. Secondly his Office which is partly Judiciall and partly ministeriall Judiciall by which he is Judge in his Courts of all matters Ecclesiasticall and spirituall within his Diocesse Cok. Rep. 8. Trollops C. Secondly he is Judge of the fitnesse of such as are presented unto him to be instituted into Benefices Cok. rep 5. Specots cap. Ministeriall and thereby he is to Sacred places Dedicate to Divine Service 9. H. 6.17 pag. 8. Secondly he is to provide for the officiating of Cures in the avoydance of Churches on neglect of the Patrons presenting thereunto Thirdly he is to certifie loyall Matrimony generall bastardy and excommunication Fourthly to execute Judgements given in quare impedit upon the writ Ad admittendum Clericum and other c. Fiftly to attend upon tryals of life to report the sufficiency or insufficiency of such as demand Clergy Sixtly to ordaine Deacons and Presbyters All these I conceive to be Jure humano given to these Bishops and may upon cause be taken away from them Ob. Bishops have been in the Primitive Church and are Apostolicall and from the beginning Sol. To this I answer first that in the pure primitive times of the Church the History whereof is recorded in the Acts and Epistles of the Apostles in which the first and best patterns of Church government is expressed there is no mention of other Bishops then the Presbyters as appeares First the holy Scriptures declare the duties and office of Presbyters and Bishops to be one the same The Bishop is to teach and rule his Church or Congregation 1 Tim. 3.2.5 and the Presbyter is to teach and feed his flock and to oversee care for and rule them 1 Pet. 5.2.3 Secondly the Presbyters are in holy Scriptures said to be the Bishops of the holy Ghost Acts 20.28 Paul charges the Presbyters of Ephesus to take heed to the flock whereof the Holy Ghost had made them Bishops And other Bishops the Holy Ghost never made Thirdly Ephesians 4.11 God is said to have given to his Church for the perfecting of the Saints for the work of the Ministery and for the edifying of the body of Christ Apostles Prophets Evangelists Pastors and Teachers here is an expres enumeration of the officers God hath given whereof the first three are extraordinary and ceased and the last only remains and is to remain untill we all come to perfection as it is ver 13. and this perpetuall Officer is called Pastor in relation to his flock whom he is to govern in Spiritualibus and Teacher in respect of his duty to feed them with the word of truth and is the very same with the Presbyter as appeares above Argumentum à divisione est fortissimum The Bishop as he is any more then a Presbyter is none of these no Officer given by God and therefore ought not to be in the Church Christ the King of his Church was faithfull in his House not only as a servant as Moses was but as the Son in an excellency and eminency Heb. 3.5 and to his kingly Office it pertains to appoint the Officers he will use for the government of his Church in spiritualibus and it agrees not with his faithfulnesse to neglect or omit the appointment of them and leave his House his Church without such Officers He is only wise and therefore best knows what Officers are usefull for his Church and infinitly loving of his Church and therefore hath not left her without any Officer fit for her Ob. Titus in the end of Pauls Epistle unto him is said to be the first Bishop of Crete and Timothy in the end of the Epistles unto him to be the first Bishop of Ephesus Sol. Those additions are spurious and no part of the holy Scriptures Derk upon Gal. 6. infine For Tim. See 1 Cor. 4.17 16.10 Acts 17.13.15 19.22 20.4.5 1 Thes 3.1.6 Heb. 13.25 Colos 1.1 Phil. 1.1 2.19 For Titus See 2 Cor. 7.13 8.6.16.23 and 12.18 Gal 2.1 2 Tim. 4.10 Tim. 1.5 and ● 3.12 and as Beza observes are not in many greek ancient copies to be found and this is so evident as it is granted by most Divines 2. And as they be no part of the Scriptures of God so they be apparently contrary unto them for by them it appears that they namely Titus Timothy were Evangelists extraordinary officers associats and fellow-helpers of the Apostles in their generall and Universall function attendant upon them and sent by them as occasion required from one Church to another never keeping any fixed residence any where and if they had been Bishops of any place Paul would never have suffered much lesse forced them to be non-residents Saint John Revel 12.3 writing to the 7 Churches of Asia directs his speech to the Angel of each Church Ob. 2. and in each of those Churches there were then severall Congregations and Presbyters therefore the Angel was the Bishop over them To this I answer that as Angel is a name common to all Presbyters who are Christs Messengers and Ambassadors So it appears to be used here by the very context cap. 2. v. 10. Where speaking to the Angel of the Church of Smyrna the holy Ghost saith Feare none of the things thou shalt suffer the Devill shall cast some of you into prison but be thou faithfull c. Angel being nomen multitudinis is taken in these chapters collectively for all the Presbyters some of whom the adversaries should imprison and not for any one above or before the rest The same appears in the like manner ver 13.23 Seeing then the Episcopacy may be taken away in all wherein it exceeds the Presbyters office and that the office of the Presbyter is cleerly jure divino I conceive we are first to restore the Presbyter to his due and to him it belongs to teach and feed his flock and to oversee care for and rule them in spiritualibus Act. 20.17 1 Tim. 3.2.5 1. Pet. 5.2.3 So saith the holy Scripture And so saith our Law also He is to minister the Doctrine and the Sacraments and the discipline of Christ as the Lord hath commanded and as this Realme hath received the same according to the commandements of God See the book of Ordering of Priests in the 3. question And he is called in our Law Rector Ecclesiae and the words of his institution be Te●octorem Ecclesiae instituimus curamque regimen animarum parochianorum tibi●in Domino committimus The Bishops have taken by usurpation from the Presbyter divers rights first contrary to his Ordination and institution they will not suffer him to preach in his own Cure
Comitatus nescit dijudicare Thus did Ethelweld Bishop of Winchester transferre his suit against Leostine from the County ad generale placitum in the time of King Etheldred Queen Edgine against Goda from the County appealed to King Etheldred at London Congregatis principibus sapientibus Angliae a suit between the Bishops of Winchester and Durham in the time of Saint Edward Coram Episcopis principibus Regni inpresentia Regis ventilate finita In the tenth yeer of the Conqueror Episcopi Comites Barones Regni potestate adversis provinciis ad universalem Synodum pro causis audiendis tractandis Convocati saith the book of Westminster And this continued all along in the succeeding Kings raigne untill towards the end of Henry the third AS this great Court or Councell consisting of the King and Barons ruled the great affairs of State and controlled all inferiour Courts so were there certain Officers whose transcendent power seemed to be set to bound in the execution of Princes wills as the Steward Constable and Marshall fixed upon Families in Fee for many ages They as Tribunes of the people or explori among the Athenians grown by unmanly courage fearfull to Monarchy fell at the feet and mercie of the King when the daring Earle of Leicester was slain at Evesham This chance and the deare experience H the 3. himselfe had made at the Parliament at Oxford in the 40. yeare of his Raign and the memory of the many straights his Father was driven unto especially at Rumny-mead neere Stanes brought this King wisely to begin what his Successour fortunately finished in lessoning the strength and power of his great Lords and this was wrought by searching into the Regality they had usurped over their peculiar Soveraigns whereby they were as the booke of St. Albans termeth them Quot Domini tot Tiranni And by the weakning that hand of power which they carried in the Parliaments by commanding the service of many Knights Citizens and Burgesses to that great Councell Now began the frequent sending of Writs to the Commons their assent not only used in money charge and making Lawes for before all ordinances passed by the King and Peeres but their consent in judgements of all natures whether civill or criminall In proofe-whereof I will produce some few succeeding Presidents out of Record When Adamor that proud Prelate of Winchester the Kings half brother had grieved the State by his daring power Liber S. Alban fol. 20.7 An 44. H. 3. he was exiled by joynt sentence of the King the Lords and Commons and this appeareth expressely by the Letter sent to Pope Alexander the fourth expostulating a revocation of him from banishment because be was a Church-man and so not subject to any censure in this the answer is Si Dominus Rex Regnimajores hoc vellent meaning his revocation Communit as tamen ipsius ingressum in Angliam jam nullatenus sustineret The Peers subsign this answer with their names and Petrus de Mountford vice totius Communitatis as Speaker or Proctor of the Commons For by that stile Sir John Tiptofe Prolocutor Charta orig sub figil An. 8. H. 4. affirmeth under his Arms the Deed of Intaile of the Crowns by King Henry the 4. in the 8. year of his Raign for all the Commons The banishment of the two Spencers in the 15. of Edward the second Prelati Comites Barones les autres Peeres de la terre Communes de Roialme give consent and sentence to the revocation and reversement of the former sentence the Lords and Commons accord and so it is expressed in the Roll. In the first of Edw. the 3. when Elizabeth the widdow of Sir John de Burgo complained in Parliament Rot. Parl. 15. E. 3 vel 2. that Hugh Spencer the younger Robert Boldock and William Cliffe his instruments had by duresse forced to make a Writing to the King wherby she was dispoyled of all her inheritance sentence is given for her in these words Pur ceo que avis est al Evesques Counts Barones autres grandes a tout Cominalte de la terre que le dit escript est fait contre ley tout manere de raison si fuist le det escript per agard del Parliam dampue elloquens al livre a ladit Eliz. In An. 4. Edw. 3. it appeareth by a Letter to the Pope Prel● Parliam 1. Ed. 3. Rot. 11 that to the sentence given against the Earle of Kent the Commons were parties as well as the Lords and Peeres for the King directed their proceedings in these words Comitibus Magnatibus Baronibus aliis de Communitate dicti Regni ad Parliamentum illud congregatis injunximus ut super his discernerent judicarent quod rationi justitiae conveniret habere prae oculis solum Deum qui eum concordi unanimi sententia tanquam reum criminis laesae Majestatis morti adjudicarent ejus sententia c. When in the 50 yeere of Edw. 3. the Lords had pronounced the sentence against Richard Lions Parl An. 5. Edw. 3. otherwise then the Commons agreed they appealed to the King and had redresse and the sentence entred to their desires When in the first yeere of Richard the second William Weston Parl. An. 1. Rich. 2 11 3.8 3.5 and John Jennings were arraigned in Parliament for surrendring certain Forts of the Kings the Commons were parties to the sentence against them given as appeareth by a Memorandum annexed to that Record In the first of Hen. the 4. although the Commons refer by protestation the pronouncing of the sentence of deposition against King Rich. the 2. unto the Lords yet are they equally interessed in it as it appeareth by the Record for there are made Proctors or Commissioners for the whole Parliament one B. one Abbot one E. one Baron and 2. Knights Gray and Erpingham for the Commons and to infer that because the Lords pronounced the sentence the point of judgement should be only theirs were as absurd as to conclude that no authority was best in any other Commissioner of Oyer and Terminer then in the person of that man solely that speaketh the sentence In 2. Hen. 5. the Petition of the Commons importeth no lesse than a right they had to act and assent to all things in Parliament Rot. Parl. An. 2. H 6. and so it is answered by the King and had not the adjourned Roll of the higher House beene left to the sole entry of the Clark of the upper House who either out of the neglect to observe due forme or out of purpose to obscure the Commons right and to flatter the power of those who immediately served there would have been frequent examples of all times to cleere this doubt and to preserve a just interest to the Common-wealth and how conveniently it suites with Monarchy to maintaine this forme lest others of that well framed bodie knit under one
of Rome doth eate into our Religion and fret into he banks and walls of it the Lawes and Statutes of this Realme especially since these Lawes have beene made in a manner by themselves even by their owne Treasons and bloudy designes and since that Poperie is a consused masse of errors casting downe Kings before Popes the Precepts of God before the tradition of men living and reasonable men before dead and sencelesse stocks and stones I desire that we consider the encrease of Arminianisme and errors that makes the grace of God to lackie it after the will of man that makes the Sheepe keepe the Shepheard and make an immortall seed of a mortall God Yea I desire that we looke into the very belly and bowells of this Trojan horse to see if there be not in it men readie to open the gates of Romish tyranny and Spanish Monarchie for an Arminian is the spaune of a Papist and if their come the warmth of favour upon him you shall have him turne into one of those frogs that arise out of the bottomelesse pit and if you marke it well you shall see an Arminian reach out his hand to a Papist to a Jesuite a Jesuite gives one hand to the Pope another to the King of Spaine and therein having kindled a fire in our neighbors Countrey now they have brought some of it hither to set on flame this kingdome also Let us further search and consider whether these be not the men that breake in upon the goods and liberties of this Common-wealth for by these meanes they may make way for the taking away of Religion It was an old tricke of the Devills when he meant to take away Jobs Religion he began at his goods Lay thy hand on all be hath and be will curse even to thy face Rather they thinke hereby to set a distance betweene Prince and people or to finde some other way of supply to avoyd or breake Parliaments that so they may break in upon our Religion and bring in their errors but let us doe as Job did he held fast his Religion and his goods were restored with advantage and if we hold fast God and our Religion these things shall be unto us Let us consider the times past how we flourished in honor and abundance when Religion flourished amongst us but when Religion decayed so the honour and strength of our Nation decayed when the soul of this Common-wealth is dead the bodie cannot long over live it If a man meete a Dogge alone the Dog is fearefull but though never so fierce by nature if that Dog have his Master by him he will set upon that man from whom he fied before This shewes the lower natures being back't with the higher increase in courage and strength and certainly man being back't with omnipotence is a kinde of omnipotence Wherefore let it now be the unanimous consent and resolution of us all to make a vow and Covenant from henceforth to hold fast on God and his Religion and then may we from henceforth expect prosperitie in the Kingdome and Nation to this Covenant Let every one of us say Amen The Accusation and Impeachment of Sir George Ratcliffe by the Commons in this present Parliament Assembled Charging him with High-Treason and other misdemeanours as ensue 1640. IMprimis That he had conspired with the Earle of Strafford to bring into Ireland an Arbitrary Government and to subvert the fundementall Lawes and did joyn with the Earle to bring in an Armie from Ireland to subdue the Subjects of England Secondly That he hath joyned with the Earle to use Regall power and to deprive the Subjects of their liberties and properties Thirdly That he hath joyned with the Earle to take _____ thousand pounds out of the Exchequer in Ireland and bought Tobacco therewith and converted the same profits to their own uses Fourthly That he had Trayterously confederated with the Earle to countenance Papists and build Monasteries to alienate the affections of the Irish Subjects from the subjection of England Fiftly That he had Traiterously confederated with the Earle to draw the Subjects of Scotland from the King Sixthly That to preserve himselfe and the sayd Earle he had laboured to subvert the liberties and priviledges of Parliament in Ireland The Charge of the Scottish Commissioners against the Prelate of CANTERBVRY NOvations in Religion which are universally acknowledged to be the maine cause of commotions in Kingdomes and States and are knowne to be the true cause of our present troubles were many and great beside the book of Ordination and Homilies 1. Some particular alterations in matters of Religion pressed upon us without order and against Law contrary to the forme established in our Kirk 2. A new booke of Canons and Constitutions Ecclesiasticall 3. A Liturgy or booke of Common-prayer which did also carry with them many dangerous errors in matters of Doctrine Of all which we challenge the Prelate of Canterburie as the prime cause on earth And first that this Prelate was the Author and urger of some particular changes which made great disturbance amongst us we make manifest 1. By fourteen letters subscribed W. Cant. in the space of two yeares to one of our pretended Bishops Bannatine wherein he often enjoyneth him and other pretended Bishops to appeare in the Chappell in their whites contrary to the custome of our Kirk and to his promise made to the pretended Bishop of Edinburgh at the Coronation that none of them after that time should be pressed to weare these garments thereby moving him against his will to put them on for that time wherein he directeth him to give order for saying the English Service in the Chappell twice a day for his neglect shewing him that he was disappointed of the Bishopricke of Edinburgh promising him upon the greater care of these Novations advancement to a better Bishoprick taxing him for his boldnesse in Preaching the sound Doctrine of the reformed Kirks against Master Mitchell who had taught the errors of Arminius in the point of the extent of the merit of Christ bidding him send up a list of the names of Councellours and Senators of the Colledge of Justice who did not communicate in the Chappell in a forme which was not received in our Kirk commending him when he found him obsequious to these his commands telling him that he had moved the King the second time for the punishment of such as had not received in the Chappell and wherein he upbraided him bitterly that in his first Synod at Aberdein he had only disputed against our custome of Scotland of fasting sometimes on the Lords day and presumptuously censuring our Kirk that in this we were opposite to Christianity it selfe and that amongst us there were no Canons at all More of this stuffe may be seen in the letters themselves Secondly by two papers of memoirs and instructions from the pretended Bishop of Saint Androis to the pretended Bishop of Rosse comming to this Prelate for ordering the