a second, but more perfect relation of the great victory obtained by sir ralph hopton neare bodmin, in the county of cornwall, on thursday ian. 19. ann. dom. 1642. together with his no lesse eminent successe at saltash, the sunday following being the 22th. heylyn, peter, 1600-1662. this text is an enriched version of the tcp digital transcription a43550 of text r218913 in the english short title catalog (wing h1733). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 7 kb of xml-encoded text transcribed from 4 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a43550 wing h1733 estc r218913 99830464 99830464 34916 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a43550) transcribed from: (early english books online ; image set 34916) images scanned from microfilm: (early english books, 1641-1700 ; 2091:25) a second, but more perfect relation of the great victory obtained by sir ralph hopton neare bodmin, in the county of cornwall, on thursday ian. 19. ann. dom. 1642. together with his no lesse eminent successe at saltash, the sunday following being the 22th. heylyn, peter, 1600-1662. heylyn, peter, 1600-1662. true and briefe relation of the great victory obtained by sir ralph hopton. t. b. [2], 4, [2] p. printed by h. hall for vv. vvebb, [oxford] : m. dc. xlii. [1642, i.e. 1643] by peter heylyn. place of printing from madan; year of publication given according to lady day dating. last leaf blank. a revised version of: heylyn, peter. a true and briefe relation of the great victory obtained by sir ralph hopton. includes a letter on p.4 signed: t.b. reproduction of the original in the bodleian library, oxford. eng hopton, ralph hopton, -baron, 1598-1652 -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a43550 r218913 (wing h1733). civilwar no a second, but more perfect relation of the great victory obtained by sir ralph hopton, neare bodmin, in the county of cornwall, on thursday heylyn, peter 1643 1195 4 0 0 0 0 0 33 c the rate of 33 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2002-08 tcp assigned for keying and markup 2002-09 aptara keyed and coded from proquest page images 2002-10 emma (leeson) huber sampled and proofread 2002-10 emma (leeson) huber text and markup reviewed and edited 2002-12 pfs batch review (qc) and xml conversion a second , but more perfect relation of the great victory obtained by sir ralph hopton , neare bodmin , in the county of cornwall , on thursday ian. 19. ann. dom. 1642. together with his no lesse eminent successe at saltash , the sunday following being the 22th . printed by h. hall for w. webb . m.dc.xlii . a second , but more perfect relation of the great victory obtained by sir ralph hopton . upon the 18 of ianuary being wednesday , his majesties forces in cornwall drew out of bodmin with a resolution to fall upon the enemy in lescand . that night they lay abroad in boconnocke parke ▪ the next morning as they were advancing towards the towne , the enemy leaving that advantage , which the dangerous and difficult avenues unto the place through deepe and narrow lanes did give them , came forth into the field . they were about 20 foot colours , and betweene 4 and 500 horse . they faced us at hilsborough , themselves being planted upon a little hill encompased with a bogge . there were but two passages ( and those but wide enough to receive ten or twelve men in breast ) over it . his majesties army tooke no feare for all that , their joy to see their enemy , above either their expectation or their hope fairely in the field , drowning all apprehensions of that disadvantage , wherefore after prayers upon the place ( which the rebels , as was afterwards confessed by the prisoners , scoffingly termed masse ) we advanced boldly forwards . ere wee came neare them , they gave us two or three volees in vaine , hurt none of us : but so soone as we were got within distance of them , and had saluted them with one volee , they turned about and fled , our soldiers were eager to pursue thē . but by the industrie of their commaunders , were kept still in good order . this providence diverted a mischeife from us , which ▪ as it seemes , the enemie had intended us . for on a suddaine the whole body of their horse turn'd backe upon us . but finding us in our rankes , and unbroken , they utterly lost their courage , and ran away , as if some tempest had driven them , even over their owne men ▪ the soldiers br●ke now forth with all violence into the chase ( they could not any longer be possibly withheld ) we followed it at least five miles , even to the townes end . there we were a litttle stayed by a volee , which a company of the enemies , that had not that day marched forth , gave us from their barricadoes . it did noe hurt ; onely shot a horse of captaine digbies through the legg . the volee ended , they all ran presently away ; and we enterd the towne . wee found there good store of ammunition , and five excellent brasse gunnes , and one iron . this day there were slaine in the pursuit 200 of the rebells and 700 we tooke prisoners ; among them sir shilston colmadee ; and 8 colours ; and all this with the losse but of one common souldier , what became of the rest of their colours we know not , but for certaine they brought backe onely one into the towne . the next day , which was friday , we rested there . on saturday wee advanced yet farther eastward . in the meane while a fresh regiment of the earle of stamford under the command of lieutenant colonell colmadee had entred launcestan ; but upon our approach that way fled thence to plymouth . this evening the one halfe of our army was quartered about calstecke and cutteale ; the other marched with sir ralph hopton towards saltash , where the enemy had rallyed and made head against us . on the morrow about 4 in the evening sir ralph assaulted the towne . ruthen , crocher , strode , pyne , and divers others of the enemies chiefes were there . and they had 10 peeces of ordinance with them . 3 howres they held out ; but at last we forced the place ( lost but one man in this service ) seized on their artillery , and so dispers'd the very men themselves , that they could have but little time , lesse opportunity to escape . yet it being darke , wee could not for the present know either how many of them , or whom we had taken . the morning was likely to yeild some better account of them , but this relator was dispatch'd for oxford before it was day . ere he came away , one boate full of them putting over for plymmouth , suncke in the passage . perhaps there were of their chiefes in that . as he passed devon , he heard it every where , it was almost every mans discourse , how that ruthen himselfe and stroud and the rest had miscarried in the businesse . neither of these successes did the kings commanders attribute to their owne strength or policy . they gave the glory to him , whose worke alone it was , causing a chaplaine of the army to draw a forme of thankes-giving , to goe throughout cornwall for those great deliverances . since this relaters arrivall at oxford , his majestie hath received a more full information of sir ralph hoptons successe at saltash where hee hath taken ( besides those 10 peices of ordinance allready mentioned ) 700 prisoners more , and armes for 4000 men , and a shippe with 16 peeces of ordinance in it , formerly brought up to batter the towne . it pleasing god , contrary to their expectation , to give it up a prey to that power , which it came thither to suppresse . finis . february 3. 1642. sir , having newly entred cyrencester , i thought good to impart some passages of our siege and entertainment there , but time will not permit a full relation ; wherefore i here give you onely a briefe , which is as followeth : viz. slaine and wounded of the kings forces seven and thirty slain and wounded of the rebels foure hundred ninety seven ; taken colonell fetiplace , governour of the towne ; lieutenant colonell carre , sergeant major ashton , and one george a parliament man : sixe peeces of canon , and all their gunners ; two thousand armes , one thousand prisoners , and the towne plundered , which their owne base behaviour was the cause of ; for after we entred the town they shot out of their windowes at us , and killed one of our men : what favour such desperate rebels deserve , let all the world judge . your friend t. b. a view of the proceedings of the western-counties for the pacification of their present troubles as also of the plots and purpose to disturbe the same. heylyn, peter, 1600-1662. this text is an enriched version of the tcp digital transcription a43556 of text r216768 in the english short title catalog (wing h1743a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 21 kb of xml-encoded text transcribed from 7 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a43556 wing h1743a estc r216768 99828489 99828489 32916 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a43556) transcribed from: (early english books online ; image set 32916) images scanned from microfilm: (early english books, 1641-1700 ; 1866:20) a view of the proceedings of the western-counties for the pacification of their present troubles as also of the plots and purpose to disturbe the same. heylyn, peter, 1600-1662. [2], 10 p. printed [by l. lichfield], [oxford] : in the yeare 1642. [i.e. 1643] by peter heylyn. dates are given according to lady day dating. place of publication and printer's name from wing. an account of conferences and intriguing in dorset, devon, and cornwall from dec. 1642 to march 1642/3, displaying apprehension lest the agreement between devon and cornwall with a view to peace should be upset by parliamentary intriguers. the account was written between march 15 and march 21 and was no doubt printed about the later date. the style and ornaments prove that it was printed at oxford. -cf. madan. reproduction of the original in the british library. eng great britain -history -civil war, 1642-1649 -early works to 1800. devon (england) -history -early works to 1800. cornwall (england : county) -history -early works to 1800. dorset (england) -history -early works to 1800. a43556 r216768 (wing h1743a). civilwar no a view of the proceedings of the western-counties for the pacification of their present troubles: as also of the plots and purpose to distur heylyn, peter 1643 3567 3 0 0 0 0 0 8 b the rate of 8 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2002-08 tcp assigned for keying and markup 2002-09 spi global keyed and coded from proquest page images 2002-10 john latta sampled and proofread 2002-10 john latta text and markup reviewed and edited 2002-12 pfs batch review (qc) and xml conversion a view of the proceedings of the western-counties for the pacification of their present troubles : as also of the plots and purpose to disturbe the same . psal. cxx . vers. v. my soule hath long dwelt amongst those that be enemies unto peace . printed in the yeare , 1642. a vievv of the proceedings of the westerne counties for the pacification of their present troubles &c. it hath been long the mischievous designe of those , who have embroyled this kingdom in a civill warre , not only to maintain an army of discontented and seditious persons , for the destruction of their soveraigne , but to ingage the greatest and most populous counties in an unnaturall dissention amongst themselves . in prosecution of which wicked counsailes , as they have spared no subtile artifices , to infatuate and seduce the people to their own destruction , and the undoing of their wives and families : so when they find them sensible of those afflictions which they have pulled upon themselves , and willing returne into more peaceable courses ; they have not failed to animate them to their former surie , and interrupt all consultations and agreements which might conduce unto their peace . the first example of this kind was that of yorkshire , the gentry and commonalty of the which , having played too long a part in this wofull tragedy , had mutually agreed upon such equall termes of pacification , as might restore that country to its antient quiet ; and this they had confirmed by the subscription of the hands of the most eminent & able men of either party . but this was presently disallowed by those factious spirits , who have too great a power in the two houses of parliament , as being utterly destructive of their ends and hopes : and upon that dislike commanded not to be observed , and so by consequence annulled . how miserable a theatre of blood , death , and rapine , that wretched county hath been made ever since that time , as we see now not without griefe and lamentation , so shall posterity , being lesse interessed in the quarrels which are now on foot , peruse the story of it with a greater sorrow . cheshire as not farre off in situation , was next unto this people in example also . they on the sense of those calamities under which they suffered , by nourishing an intestine warre in their own bowels , had fallen upon the like attonement : and for the keeping of the same , the principall agents of each side had promised one another severally in the word of a gentleman , and as they did desire to prosper , that both themselves , their tenants , friends and servants would most strictly keep it . but yet this promise made in so solemne manner , and bound with such an imprecation to observe the same , was not found sufficient , for the preventing of all further acts of enmity and desolation , there following on the neck thereof , a declaration of the lords and commons assembled in parliament , wherein was signified and declared , that the said pacification and agreement , was very prejudiciall to the whole kingdom , derogatory to the power and priviledge of parliament ; and therefore that not only the inhabitants thereof , but that the gentlemen themselves who were the parties to the articles were not bound unto them ; and finally all the inhabitants thereof , commanded and required to pursue their former resolutions , for the assistance of the parliament in the common cause . though these examples might have terrified the most moderate men , such as were most inclinable to their countries peace , from ventring on the like conclusions , which they perceived would not be left unto their power to observe or not : yet warre and discord are such troublesome and unwelcome guests , that notwithstanding these discouragements , the western counties have embraced the same counsailes also , and entertained some propositions , conducing to the introduction of a blessed peace . and first the gentlemen and other intelligent persons of the county of dorset , having felt some of the effects of warre in the action of sherborne , and seeing how great a flame was raised in devonshire , bordering next upon them , endeavoured to preserve themselves from that combustion which had laid wast so many of their neighbours houses . and to that end agreed amongst themselves upon such articles , as the necessity of their affaires , and the sad spectacles before their eyes , did invite them to : whereof sir thomas trenchard knight , and iohn browne esquire , two of the deputy lieutenants for exercising of the militia , according to the ordinance of the two houses of parliament , were as the first movers so the most effectuall promoters too . and yet this pacification so agreed upon , and at a time , when the whole county so distasted the proceedings of the two houses of parliament , that there was tenne against them for every one that would adventure in their cause , ( as the said gentlemen did signify by letters to diverse of their friends in the lower house ) was not held convenient . and thereupon sir william waller must be hastned to the western parts , that by the power and reputation of his armes the said agreement might be broken ; and all that had consented to the common peace might either be compelled to advance the warre , or flie the country . in the mean time , whilest waller was upon his march , and the affaires of dorset-shire in so good condition , that it was hoped they would be able to make good their own conclusions : the devon-shire and the cornish armies , who had so oft imbrued their hands in each others blood , though still with losse of men and reputation on the devon-shire side , began to hearken to such counsailes , as god had put into the hearts of some honest gentlemen , ( though otherwise of different opinions ) to propose unto them . and it pleased him who maketh two to be of one minde in an house , so to incline the hearts both of the greater and the better part of those severall counties , as first to hearken to a trnce , and on the expiration of that truce ( which was expired the seventh of this present march ) to yeeld to a cessation for twenty daies , that so the treaty might advance with the more apparent hopes of an happy issue . which being mutually agreed on for the common good , their next care was to choose commissioners for each side , men of integrity and honour , on whom they might conferre a concluding power to bind all parties ; and unto whose determinations they might with safety and assurance submit themselves . this done , and the commissioners assembled at mount-edgecomb a place in cornwall , on the fourth of march , to give assurance each to other , and to all the world , of their integrity , and of the reall intentions which they had to peace ( secluded from all sinister and particular ends ) they took a solemne protestation , and afterward received the blessed sacrament , for ratification of the same . the protestation is as followeth , which i have here transcribed verbatim , that all the world may see , ( if they be not blind , ) with what syncerity and candor they purpose to proceed in so great a businesse . i. a.b. doe solemnly vow and pretest in the presence of almighty god , that i doe not only come a commissioner to this treaty , with an hearty and fervent desire of concluding an honourable and firme peace between the two counties of cornwall and devon , but also will to the utmost of my power prosecute and really endeavour to accomplish and effect the same , by all lawfull waies and means i possibly can , first by maintaining the protestant religion established by law in the church of england , the just rights and prerogative of our soveraigne lord the king , the just priviledges and freedome of parliaments , together with the just rights and the liberty of the subject ; and that i am without any intention ( by fomenting this unnaturall warre ) to gaine or hope to advantage my selfe with the reall or personall estate of any person whatsoever , or obtaining any office , command , title of honour , benefit or reward , either from the kings majesty , or either or both houses of parliament now assembled . and this i take in the presence of almighty god , and as i shall answer the same at his tribunall , according to the literall sence and meaning of the fore-going words , without any equivocation , mentall reservation , or other evasion whatsoever , so help me god . which protestation being thus taken , was subscribed also by the hands of all the commissioners , being eighteen in number , for each county nine . this preparation being made , and the syncerity of their intentions so fully manifested , the commissioners authorized for cornwall ( considering that they stood on the higher ground ) did first propound their articles to those of devon : articles of so even a temper , and so agreeable to the lawes established , that those of devonshire had been bound to admit the same , if all things had succeeded answerably to their former expectations and endeavours . the most materiall of them were to this effect . 1. that the book of common-prayer , the doctrine and discipline of the church of england formerly established by lawfull authority , for the true and sincere worship of god , be duely and truely observed in all the parishes of both counties , untill the discipline be altered by such authority as it was established by ; and that all the infringers & depravers of the same either of the clergy or laity , be duely proceeded against according to the known laws of the land . 2. that the common and statute lawes of this realm of england be truly and really put in execution against all offenders & violaters of the same laws in either county , according to the usuall legall course , and as hath been anciently accustomed . 3. that all trade , traffique , and free commerce be open in and between both counties , as heretofore in the most peacable and best times . 4. that no man in his person , estate , or goods , be arrested imprisoned , detayned , outed , dispossessed , or any waies molested , by any power or authority , whatsoever , without due processe of the lawes of the land . and 5. that all new erected fortifications & set guards within the city and county of exeter , and in and upon all towns castles , bridges and passages within the counties of devon and cornwall be removed and flighted at the cost and charges of the erectors of the same , and that his majesties forts , castles , and other ancient and usuall places of command within both counties , be put into the same hands and custodie as they were in before these unhappy differences ; and assurance giuen for the maintaining of the same without any addition or alteration : and that all armes and ammunition , of all and every person and persons whatsoever , be restored againe to the right owners . tho other articles there were , but these the principall . and these together with the protestation , the said commissioners desired might be published in all the market-townes and parochiall churches of the said two counties , without any alteration either in the writing , reading , or publishing thereof : to the intent it might appeare unto all the world , who were the faithfull observers of the said protestation , first sworn to on the holy evangelists , and afterwards confirmed by the receiving of the blessed sacrament ; and who the violaters of the same . these propositions being so equall , and so agreeable to the known lawes of the land , were like to find but little opposition from the commissioners for the other county , if they met with any . but whilest they were in consultation how to transact and settle their affaires , in such a way as might be permanent and secure ▪ it pleased god to put into their mindes the offering of a communication of the same pretious benefit to the adjoyning counties of somerset and dorset ; who as they had participated somewhat in the calamities of the warre , so could they not but be as sensible of the blessings & effects of their neighbours peace . which being taken by them into consideration , it was agreed upon of all sides , that letters should be written to the principall persons of those severall counties respectively , to invite them to joyne with them in so good a work , conducing so apparantly to their common happinesse . and this accordingly was done , letters being written and subscribed by the hands of twelve of the commissioners , sir ralph hopton subscribing in the first place : which letters were dated from mount-edgecomb on the sixth of march , being the very next day save one , that they were assembled . so soone did they agree on that weighty poynt , that there may seem to be , some superior power , which did so readily induce and incline them to it . the place appoynted for the meeting , was the new inne in exeter ; the day the fourteenth of this moneth , which was tuesday last , being the seventh of the cessation . and that they might attend the service with the greater safety and more assurance of their lives and persons : there was a safe conduct granted by the chiefe factors of the two houses of parliament , for every one of the commissioners of the said foure counties , with two men a peece for their retinue , to come , remain , and returne ( i speak out of the words of the originall ) to and from the said place or any other places which shall be appoynted for the treaty by the said commissioners . which letters of safe conduct doe hear their date at plymmouth , the seventh of march , subscribed in the first place , by the earle of stamford , after by sir george chudleigh , northeote , martyn , and others the chief sticklers in the former troubles . one would not think , that an accommodation so just and necessary , tending so visibly to the ease and benefit of all his majesties subjects in those counties , so evidently conservative of their lives and fortunes , which had before been made a prey to the sharpest sword ; so sensibly conducing to the advancement of gods glory and the kings honour , should meet with opposition in that place , and amongst those persons , who hitherto have given out ( and certainly would take it ill not to be believed ) that they endeavour nothing more , then the establishment of all these on the surest grounds . yet so it hapned , that when this newes was brought to the house of commons , which was on saturday march the eleventh in the afternoon : it was received with great heat and passion , as finding their authority to be thereby lessened , and that unlimited and arbitrary power which they had exercised before on the subjects there , to be restrained very much , if not quite destroyed . for now they saw that all those counties would be freed from all those tyrannicall constraints and impositions , which had been forced upon them by their committees ; that those in whom they most confided had betraied the cause , and were no longer willing to advance their ends in the oppression of their neighbours ; that the people would again returne to the kings obedience , and submit themselves to no other rule , then the known lawes of the realme ; and who could tell whether the contagion of so dangerous an example might not infect the neighbouring counties , and so prevaile at last over all the kingdom . besides there was another circumstance , which added much to their vexation and disquiet ; which was that here they met not with a bare subscription of mens names ; as in that of yorkeshire ; or only with a promise made in the word of a gentleman , though bound and made up with an imprecation , as in that of cheshire : but with subscription of the names of the commissioners , the taking of a solemne oath , and the receiving of the sacrament to confirme the same . and such a three-fold cord ( in case the wise mans note be of any credit ) is not easily broken . and yet well fare a gallant confidence . they were resolved upon the question to break all these bonds , to dissolve the treaty , to reduce matters there to the same confusion which they had brought them to before , and make those neigh 〈…〉 like the sonnes of cadmus , imployed upon no other service then to kill one another . why should not two whole counties perish , nay to say truth , why should not a whole kingdom be exposed unto spoyle and ruine , rather then some suspected malefactors be brought to yeeld themselves to a legall tryall ? were not the tribunes of the people in the state of rome , held to be inviolable ; exempt for whatsoever they committed , from all law and punishment ? rather then to give up the power , with so much art and industry acquired ; let us adventure once on a poynt of popery , and dispence with them for their oathes ; which being taken by them without our consent , have no power to bind them . this last insisted on so cordially , by some that doe pretend most hatred to popish errours , ( as is advertised from london by letters of the 11. of march ) that at the last it was concluded to dispatch prideaux and nicols two of their members in all hast to exeter , to signify their mislike of the whole businesse to the severall counties , and by all means to break in pieces the agreement , from which they feared such mischiefes would redound unto them . but it is hoped , that notwithstanding their endeavours to subvert this treaty , and the gentlemen and others of those counties whom it most concernes , will not so easily be altered from their resolutions : beginning at the last ( though long first ) to reassume the use of their own senses ; to trust no farther to the insnaring arts of others , then they see cause for ; to find in what a comfortable state they lived , when they could feele no power above them , but the mild scepter of a mercifull and gratious king ; and finally to perceive what irremediable calamities the york-shire and the cheshire men have drawn upon themselves and their severall countries , by breaking those agreements , on the like temptation , which were so faithfully condescended to for their common good . however we may see even by these endeavours , what hopes of ease , what inclination to 〈…〉 expected from the hands of those cruell chirurgeons ; who are so farre from binding up the wounds of this bleeding body , that they enlarge the orifice and increase the number , and take delight in torturing the poore patient , whom they have in cure : how little sense there is in them of our deadly miseries , who sitting safely in the senate , wrapt in warme furres , and guarded by full troopes of their own auxiliaries , heare not the groanes of slaughtered men , nor the cries of orphans , nor the lamentation of the widdowes , nor see that spoyle and devastation , which they have made of late in this flourishing kingdome , under pretence of rectifying some few slips and errors in the former government . from which unmercifull kind of men , no lesse then from the plague and pestilence , good lord deliver us . finis . a briefe relation of the remarkeable occurences in the northerne parts viz., the landing of the queenes maiestie in the bay of burlington, and the repulse given unto the rebels at the towne of newark : both signified by severall letters on the same day, being friday, march 3, 1642. heylyn, peter, 1600-1662. this text is an enriched version of the tcp digital transcription a43513 of text r20223 in the english short title catalog (wing h1686). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 27 kb of xml-encoded text transcribed from 8 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a43513 wing h1686 estc r20223 12562504 ocm 12562504 63263 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a43513) transcribed from: (early english books online ; image set 63263) images scanned from microfilm: (early english books, 1641-1700 ; 319:6) a briefe relation of the remarkeable occurences in the northerne parts viz., the landing of the queenes maiestie in the bay of burlington, and the repulse given unto the rebels at the towne of newark : both signified by severall letters on the same day, being friday, march 3, 1642. heylyn, peter, 1600-1662. [3], 12 p. printed by h. hall, [oxford] : 1642 [i.e. 1643] written by peter heylyn. cf. halkett & laing (2nd ed.). place of publication from wing. reproduction of original in newberry library. marginal notes. eng great britain -history -civil war, 1642-1649. a43513 r20223 (wing h1686). civilwar no a briefe relation of the remarkeable occurences in the northerne parts: viz. the landing of the qveenes maiestie in the bay of burlington, a heylyn, peter 1643 4859 10 0 0 0 0 0 21 c the rate of 21 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2002-08 tcp assigned for keying and markup 2002-08 apex covantage keyed and coded from proquest page images 2002-09 mona logarbo sampled and proofread 2002-09 mona logarbo text and markup reviewed and edited 2002-10 pfs batch review (qc) and xml conversion a briefe relation of the remarkeable occurrences in the northerne parts : viz. the landing of the qveenes maiestie in the bay of burlington : and the repulse given unto the rebels at the towne of newark : both signified by severall letters on the same day , being friday march . 3. 1642. printed by h. hall . m. dc . xlii . a briefe relation of two remarkeable occurrences in the northern parts , &c. affaires of ordinary nature may be , and are most properly imparted by the weekly mercury ; matters of higher consequence , and more neere concernment , deserve a story by themselves . and such is that we now have in hand of the queenes majesties returne after so long absence , after so tedious a divorce from her dearest lord , a whole yeares banishment at least from her sweetest children , the common pledges of their loves . to this wee shall adjoyne a briefe relation of the repulse the rebels had , the last weeke , at newarke : partly because the story of so great a princesse ought not to come into the world without some attendant ; partly because it was the most remarkable successe which befell his majesty after her arrivall : and finally , because the king received intelligence of both at the same time , and from the hands of the same messenger . first for the queene , it cannot be unknowne to any upon what termes shee tooke the oportunity to go for holland , that she might see her dearest daughter delivered safely to the hands of the prince of orange : her majesties affaires here at that time being in such condition , that shee could neither stay with safety , nor yet be absent without danger . for who can possibly forget in so short a space , the sequestring of her neerest servants , the articles intended to be framed against her , the flight she was compelled to make ( nothing the more secure because his majesty did pertake the same fortune with her ) from whitehall unto hampton-court , and from thence to windsor . nor need it be related what good offices shee did his majesty during the time shee spent in those forraine parts , in furnishing him from time to time with money , armes and ammunition : and that too from a state no great friend to monarchy , and where so strong a party had beene made against her , by the power and practice of those men , by whom his majesties affaires had beene reduced to so great extremities . it is enough to say , that never king had a better agent ; and that as wee already do enjoy the benefit thereof , so shall posterity enjoy the story . being wearied at the last with so long an exile , and finding that his majesties affaires were in such prosperity , that she might venture safely upon his protection ; she was resolved to come for england , and did accordingly put forth to sea on the 19th of january last being well guarded and attended : the wind so favourable that there was little doubt of her speedie landing , and thereupon a messenger dispatched to the court at oxford , to give his majesty notice of it . but the wind comming suddainely about , and the seas working very high , she was inforced at last to make sayle for holland , after she had continued on the seas eight daies , and with a most invincible courage contended so long for the mastery with that furious element . the newes of this being brought to london , and a report withall , how many souldiers and commanders , what store of money , gunpowder , armes , and horses , she had intended to bring with her : occasioned great joy there for the ill successe which had befallen her at the present ; and put her enemies ( who have too great an influence on the two houses of parliament ) on some quick debates , how to prevent her landing for the time to come ; and if that might not be prevented , then how they should proceed against her when they had her here . foure ships which had beene formerly appointed by the said two houses , to lie before the haven of newcastle , were ordered not to suffer her to passe the barre at tinmouth , unlesse she left her ordinance and ships behind her . upon occasion of a letter to the house of commons from the mayor of yarmouth , to know what entertainment he should give her majesty if she landed there , ( such a report of her intentions being brought unto him ) master martin learnedly declaimes against that title , would not by any meanes allow that stile of majestie to belong unto her , no not so much as in the right of participation with her royall husband ( a right which every married woman in this kingdome doth lay claime unto ) affirming with an impudent confidence ( like that of bessus in the play ) that she was no other then their fellow subject . this presently drew on a new debate ( though not like that amongst the brethren of the sword , in jest , ) how they should handle her amongst them , when she came again , some moved that a strict inquisition should be made into all her actions , during the time she staid in holland ; and that according thereunto an impeachment should be drawne against her for those ill offices which she had done unto this kingdome , that is to say unto themselves . others of a more cunning malice , and more wit to hide it , would not have it so , this being , as they said , no time to stirre that controversie . better some course were taken to prevent her comming , and that the ships they had at sea should have charge to hinder it , if she attempted to set foote upon english-ground . accordingly this course was followed . and when intelligence was brought that two of her ships laden with armes and ammunition were landed safely at newcastle , under the conduct and command of van-trump , admirall for the states generall of the united provinces ; it was ordered by the close committee that if the queene or any of her ships came againe that way , they should either keepe them from the land , or give fire upon them . all which appeares by severall letters of advise , from london . we see the preparation made for her entertainment . never was such a feast provided ( i dare boldly say it ) for the reception of a queene ; a lady of so innocent a greatnesse , that we may say of her , as the historian doth of the beloved wife of augustus caesar , that never any of the subjects felt how great power she had , but either by adding to their honours , or mitigation of their punishments . but it pleased god ( who tooke her into his protection ) that though she felt their fury , yet she scaped their malice . for being brought upon a second setting out , within sight of england , with such a calme and gentle gale , as if both sea and windes repented of their former rudenesse ; the winde that studied her convenience , brought her being then within few leagues of newcastle , ( where she intended to have landed ) to the bay of burlington : by meanes whereof her landing was more safe then it had beene otherwise , her passage shorter unto yorke , where she meant to stay untill his majestie should give order for her removall ; and the kings forces nearer at hand to conduct her thither . two dayes she lay at anchor there e're she came on shore , dispatching thence a messenger to the earle of newcastle , to give him notice of her comming ; that she might be attended on by his majesties army , for the security of her person when she came to land : which , as it did one way advance her safety , so did it in another keepe her within reach of danger . for the foure ships which lay before the barre at tinmouth , not farre from newcastle , either discerning the dutch fleet when they were at sea , or being advertised from the place where she rode at anchor , of her landing there , made all the haste they could to fall on upon her before the comming of the kings army . and though they came not soone enough to hinder her from landing , as 't was hoped they might ; they did their best to kill her in her bed , as she was asleepe , and make the land more cruell to her , then the seas had beene : which being an attempt so barbarous , as would not easily finde beliefe from a private pen , such as no story of the turkes or scythians , or any other savage or uncivill nations can give a parallel unto ; it shall be told you in the words of a publike person , who on the morrow after gave this accompt thereof by letter , which was dispatched away by one of the ordinary messengers , attending then upon the queene . burlington this 25 of february . 1642. assoone as we came into england , the queene dispatched progers to you ; but being this day informed that he was taken by the enemy , she hath againe dispatched this bearer to render you an accompt of her arrivall , the which hath beene ( thankes be to god ) very happy . for as rough as the sea was the first time we passed , at this time we came with a gentle gale , untill we were within 15 leagues of newcastle , where upon that coast the winde began to change to north-west , which forced us to make for burlington bay ; where after two dayes riding at anchor , the cavalrie arrived ; which perceiving , the queene suddenly landed , and the next morning the rest of the army came to wait on her . god , that was carefull to preserve . her by sea , did likewise continue his favour to her on the land : for that night foure of the parliament ships arrived at burlington , without being perceived by us ; and at foure a clocke in the morning gave us an alarme , which caused us to send speedily to the port to secure our boats of ammunition , which were but newly landed . but about an houre after the foure ships began to ply us so fast with their ordinance ; that it made us all to rise out of our beds with diligence , and leave the village , at least the women ; for the souldiers staid very resolutely to defend the ammunition , in case their farces should land . one of the ships did her the favour to flanck upon the house where the queene lay , which was just before the peere ; and before she was out of her bed , the cannon bullets whistled so loud about her , ( which musicke you may easily believe was not very pleasing to her ) that all the company pressed her earnestly to goe out of the house , their cannon having totally beaten downe all the neighbouring houses , and two cannon bullets falling from the top to the bottome of the house where she was ; so that ( clothed as she could ) she went on foot some little distance out of the towne , under the shelter of a ditch ( like that of newmarket ; ) whither before she could get , the cannon bullets fell thicke about us , and a sergeant was killed within twenty paces of her . we in the end gained the ditch , and staid there two houres , whilest their cannon plaid all the time upon us ; the bullets flew for the most part over our heads , some few onely grazing on the ditch where the queene was , covered us with earth . at last the admirall of holland sent to the parliament ships to tell them , that if they would not cease shooting , he would give fire upon them as enemies . ( this was done somewhat late , but there is an excuse for it , by reason of a mist , as he saith . ) upon that they staid their shooting , and likewise being ebbing water , they could not stay longer neare the shore . assoone as they were retired , the queene returned to the house where she lay , being unwilling to allow them the vanity of saying . they made her forsake the towne . we went at noone to burlington , whither we were resolved to goe before this accident ; and all that day in the face of the enemie we dis-imbarqued our ammunition . it is said that one of the captaines of the parliament ships had beene at the towne before us , to observe where the queenes lodging was ; and i assure you he observed it well , for he ever shot at it . i may truely say that both by sea and land the queene hath beene in some dangers , but god by his especiall grace and favour hath preserved her : and the queene saith , she hath great confidence in his goodnesse , that he will not forsake her majestie in other things , since in this he hath so protected her . and she protested , that in that confidence she durst have marched against a cannon , if she had not learned thou shalt not tempt . this bearer was witnesse of all that passed , yet i would not forbeare to make you this relation , which is very punctuall . so farre the very words of the letter , which when the reader hath perused , i would faine be told , if ever treason were more impudent and more open faced : what hope● there is of safety to his sacred majestie , whom they endeavour thus to murther in his dearest consort ; for preservation of whose life the lawes , ( if such a thing as law be yet left amongst us ) have no lesse carefully provided , then for his owne most sacred person : what bounds these men prescribe to their desperate malice , whom neither tendernesse of sex , nobility of birth , nor royalty of estate can prevaile upon . compare the danger which his majestie was in at the battell of edge-hill , when the undistinguishing bullets fell so thicke about him ; with this , wherein the cannon bent against the queene , shot through the house in which she was , killed a man that stood so neare , and covered her with earth even before her buriall ; and reade the riddle he that can , whose life hath beene more eagerly sought after , either his or hers ; which of the two would fall the more acceptable sacrifice to these angry deities . if all things else should faile to undeceive and disabuse the seduced people of this kingdome , who hitherto have beene taught , and perhaps believe , that there is nothing more endeavoured then the preservation of his majesties person , and the advancement of his honour . i doubt not but this barbarous and bloudy attempt upon the life of the queene , ( for nothing else was or can possibly be pretended to be aimed at in it ) will serve sufficiently to doe it ; else we have reason to suspect , that god hath laid that curse upon this nation , whereof the prophet esay speaketh in another sence ; that hearing they shall heare , and shall not understand ; that seeing they shall see , and shall not perceive . but i have too long plaid the scholiast on so clear a text , and wronged by an impertinent glosse the writers most perspicuous and full expressions ; which whosoever reades must needes understand , and whosoever understands the danger , must abhorre the actors , and not the actors only , but the authors too . it was a true , but tart saying of augustus caesar , praestat herodis porcum esse , quàm filium , that it was better being the swine then the sonne of herod . and i pray god ( besides the detestation which we have our selves of so fowle a fact ) we doe not grow a by-word to the christian world ; and that it be not thought an happier fortune , as the world now goes , to be a countrey gentlewoman , then a queene of england . but it is time ( for we have promised a briefe relation ) that we conclude first of these remarkeable occurrences , of which there is no more to come , but that the messenger according to her majesties command , made all the speed the troubles of the time permitted , to the court at oxford , and brought the acceptable newes of the queenes safe arrivall , to his sacred majestie ; so much more acceptable in that she had escaped so great and so many dangers , and was come safe into the realme , notwithstanding all the plots and practices of malicious men , whose mischievous designes the lord will one day turne on their owne heads , and punish them according to their owne inventions . though this good newes was of it selfe abundantly sufficient to welcome and indeare the messenger , yet found he some thing by the way which might have added ( were it possible ) to the generall joy which his first message had occasioned . his way to oxford was by newarke , a place well knowne to those who use to travell the northerne roade , but at this time more notable for the garrison there placed by the prudent foresight of the earle of newcastle , generall of his majesties forces in the northerne parts ; a town at which the enemies of his majesties peace have cast full many an envious eye , as being a great barre to their proceedings ; and suffered it to sinke so deepe into their fancies and imaginations , that they have often taken it in their dreames , and sometimes in their printed newesbookes , but never durst appeare before it untill munday last , being the 27th of february . but then it pleased the earle of lincolne , the lord willoughby of parham , colonell ballard , and the other chiefetaines of the rebels in lincolnshire , to thinke upon some course for satisfying the good people of london , who had long mused amongst themselves , why being so well furnished and provided of all things necessary for that service , they had not set upon the towne , as one of their diurnals tells us . which being resolved upon amongst them , and fearing that they might not be able to effect the businesse without more helpe , they sent for sir john gell from darbyshire , to meet them with his rabble at the day appointed : if for no other reason ( as there was not much ) yet that they might be sure of some lucky hand to deface tombes and monuments , and to kill dead bodies , whereat gell was excellent . of this designe colonell henderson the watchfull governour of the towne having timely notice , drew forth his cavalrie , consisting of ten companies some foure nights before , and went to beckingham ( a towne of lincolnshire ) neare the rebels quarters : whereof having some intelligence by their espials , they kept themselves such close and in so good order , that nothing could be done upon them to frustrate or divert the action ; so that he made a leisurely and faire retreat to the towne againe , there to expect their further determinationnor was it long before they let him know their resolution , advancing on the day before remembred with all their forces , being 6000 and above , and ten peeces of ordinance ( most of them shooting bullets of six pound a peece ) towards the bekon-hill , a mile from newarke : upon which hill the governour having no ordinance in the towne to entertaine them , had placed his cavalrie with the best advantage that he could . the enemy seeing him so planted , advanced upon him with the whole body of their army , and still as they came forwards , caused him to retire by the advantage of their cannon , which he wanted ; till at the length by three removes he drew more neare unto his workes , and so at last into the towne . and this was all that was done that day , the enemy retreating as the night came on , and quartering all their forces in two small villages , about a mile distant from his trenches . on tuesday morning the last of february , they drew up all their forces into one grosse body , and comming as neare unto his workes as they could with safety , sent a trumpeter , and in the name of the king and parliament ( as their manner is ) demanded his surrendrie of the towne and castle : which being answered with a negative , and that the governour was resolved to keepe the towne for his majesties sole use , ( with whom the two houses of parliament , were never thought to be joynt-tenants of the kingdome ) they planted their ordinance , dividing their foot into three brigades , tooke in the earle of exeters house ( which was an hospitall heretofore dependant on the see of lincolne , but now assured upon the familie by an act of parliament made this session ) discharging 80 shot into the towne from their workes and batteries . at length the nottinghamshire and darbyshire forces , making one brigade of themselves , advanced and tooke a ditch within pistoll shot of the towne workes , and thence discharged against the towne from eleven of the clocke at noone , untill six at night ; but with more courage then successe : the souldiers of the garrison playing their parts exceeding valiantly , and being bravely seconded by the indefatigable paines of all the officers , who behaved themselves both stoutly and discreetly , as they were directed . in the meane time the other two brigades having placed themselves before some other of the workes , and finding them so strong , that there was little possibility of doing any good that way , retired with all their foot , horses , and artillerie , to gells post , hoping with their united powers to force their entrance into the towne , and obtaine the end of their desires . which being soone perceived by the wary governour , he removed all his forces as they did , which was about three of the clocke in the afternoone ; holding them play , and entertaining them with an hotter service then they expected from that place , for three houres together . at length , it being then about six at night , discerning an abatement in the courage of the enemy , who began to wax weary of the worke , he made a sally out upon them with such force and fury , that he drave all their foot from their post , or station , unto the shelter and protection of their cavalrie , impatoned himselfe with three peeces of ordinance , which he caused to be haled into the towne : the whole body of the rebels retiring in great disorder and confusion till they got the advantage of an hedge , and so stood with the cavalrie before them , till darke night came on , and made an end at that time of the disputation . in this estate things stood , when the messenger sent unto his majestie , ( whom before i spake of ) came unto the towne ; who though he staid no longer there then the necessity of corporall rest did invite him to : yet staid he long enough to see the enemies dislodged , and the lords with their whole traine departed from such unhospitable hosts , who shewed no more civility to men of honour , which was assoone as they had light enough to see how to goe away . but being it was a service of such signall consequence , it was not thought fit to intrust the story and relation of it onely unto the wit and memory of the messenger , who being no actor in the businesse might possibly be subject to mistakings : and therefore colonell henderson the victorious governour , sent an accompt thereof in writing to his sacred majestie , and from thence you have it . there were killed of the kings side in this brave repulse , but one man onely , a common souldier of the garrison , and not many hurt . but of the rebels there were slaine no fewer then 200 men ; and many wounded , whereof the chiefe was colonell ballard , and no meane one neither . there were taken also in the sally about 60 prisoners , many of which were found upon examination to be french papists ; whom the two houses of parliament thought it not unfitting to take into their pay , nor dangerous either to the church or state to trust with weapons ; their nation and religion notwithstanding . by which it seemes that forreiners may be called in , if occasion be , in maintenance of the rights and liberties of the english subjects ; and papists may be armed for the defence and preservation of the protestant religion if the necessities and distresses of the church require it . if so , then certainly his majesty may far more warrantably make use of his popish subjects , who serve him for defence of his prerogative and their owne native liberties , upon the conscience of that duetie and allegiance which they beare unto him ; then the two houses , whatsoever priviledge they pretend unto , can call in forreigne nations of the popish profession , who serve them on no other motive but for pay and pillage . but such is the infirmity of our humane nature , that we do commonly condemne that in others , which we indulge unto our selves : and such the guilty courses of seditious persons , that they regard but little , if they do at all , what crooked lanes and passages they are forced upon , so they may come at last to their journeys end . some papists , but those english papists , had before beene taken prisoners by his majesty at the famous battaile of edge-hill , which gave his majesty occasion after their example , to enterteine some few recusants of these his kingdomes , for the defence and safety of his royall person . and should he call in forreiners and those papists too , to aid him in defence of his royall power , he did no more then what he had example for from their owne proceedings , who have affirmed it of themselves that they cannot erre . quod quisque fecit , patitur ; authorem scelus repetit , suóque premitur exemplo nocens . seneca tragoed . finis . notes, typically marginal, from the original text notes for div a43513e-130 ● . the landing of the queenes majesty in the bay of burlington . in a pamphlet called , certaine informations . num : 3. in another pamphlet called , a continuation , &c. num. 3. 〈◊〉 potenti●… nemo sen●… , nisi aut le●…ione pericu●… , aut accessio●… dignitatis . ●…elleius pater●…l . l. 2. ●… the repulse of the rebels before newarke . a letter from an officer in his majesties army, to a gentleman in glocester-shire upon occasion of certain quære's [sic] scattered about that countrey. heylyn, peter, 1600-1662. this text is an enriched version of the tcp digital transcription a43543 of text r12301 in the english short title catalog (wing h1724a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 36 kb of xml-encoded text transcribed from 9 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a43543 wing h1724a estc r12301 13016583 ocm 13016583 96559 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a43543) transcribed from: (early english books online ; image set 96559) images scanned from microfilm: (early english books, 1641-1700 ; 741:39) a letter from an officer in his majesties army, to a gentleman in glocester-shire upon occasion of certain quære's [sic] scattered about that countrey. heylyn, peter, 1600-1662. [2], 14 [i.e. 15] p. s.n.], [oxford, oxfordshire : 1643. dated at end: 10th of april, 1643. the queries concern the continuing of parliament, the king's protection of delinquents, and the papists. attributed to peter heylyn. cf. blc. reproduction of original in huntington library. eng england and wales. -parliament. great britain -history -charles i, 1625-1649. a43543 r12301 (wing h1724a). civilwar no a letter from an officer in his majesties army: to a gentleman in glocester-shire. upon occasion of certain quere's [sic] scattered about th heylyn, peter 1643 6975 19 0 0 0 0 0 27 c the rate of 27 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2002-08 tcp assigned for keying and markup 2002-09 spi global keyed and coded from proquest page images 2002-10 judith siefring sampled and proofread 2002-10 judith siefring text and markup reviewed and edited 2002-12 pfs batch review (qc) and xml conversion a letter from an officer of his majesties army : to a gentleman in glocester-shire . upon occasion of certaine quaere's scattered about that countrey . imprinted in the yeare . 1643. a letter from an officer of his maiesties army , to a gentleman in govcester shire . upon occasion of certaine quaere's scattered about that countrey . sir , i have received your letter and your quaere's , which you say make a deepe impression in many , of whose honestie and publique affections i have a very good esteeme ; and that they are made by one who hath a great desire to receive ease and satisfaction himselfe , as being of a nature very undelighted and passive in these distractions . the first ( how strange soever it seemes to reason ) i must believe , especially when i find your selfe whom i have often knowne very easily to master more difficult contentions , brought to some pause , as if somewhat were said to you , you could not well get from ; no doubt many others of lesse subtile understandings , and it may be hurt by the necessary pressures , and provoked by unwarrantable insolencies of the kings souldiers , are , or seeme to be really puzzled . but for the author of those quaere's , you must pardon me if i doe not believe him to be a man of so innocent a nature as you would imply ; doubtlesse these scruples never sprung from a minde in labour to find out truth ; but are contrived by a person very well able to answer his owne objections ; and having pretended conscience against his owne understanding , hath found these little excuses to make a party against weaker men . the first scruple seems to be a tendernesse of the act for continuance of this parliament , which that gentleman would apprehend to be broken by his maesties not consenting to all the counsells now given him by both houses ; if i thought this obiection to be of moment to you , i should give your understanding for lost , and expect your cure onely by that which mis-led you , successe : but i must observe to you the uningenuity of your honest man , who would make the people beleive that by his maiesties consenting to passe that act , that assembly were authourized to command , and his maiesty obliged to obey whatever they prescribed ; when that gentleman well knowes nothing is enacted by that law , but that this parliament shall not be disolved but by act of parliament . you well remember in what condition things stood at the passing of that law , two armies in the bowells of the kingdome at 80000l . the moneth so much to be raised for support of them , and a much greater summe to disband them ; all this mony was to be borrowed , and upon the security as mony in those happy dayes used to be lent , for the new merry security of the publike faith , by a vote of both houses was not then currant enough to be obtruded to the people the credit of many worthy persons was to be used for the procuring this supply and it seemed no unreasonable warinesse of those who exposed themselves and their fortunes to this hazard , to desire that the body , at whose instance they undertooke those engagements , might not be dissolved , before it had taken some course to secure such undertakings , and provision should be made for the indempnity of those who had submitted to such burthens . this reason , and this alone prevailed with his maiesty to agree that this parliament should not be dissolved without their consent , who seemed voluntarily to engage themselves for the peace & benefit of the kingdome , how this continuance of the parliament should now give both houses the prerogative they have assumed , i cannot understand , and themselves have publikely acknowledged in their declarations , that they were to blame if they undertook any thing which they would not undertake if it were in his ma. power to dissolve them to morrow . think now with your selfe if the king should argue with both houses upon their ground that the trust being broken , the power may be reassumed immediatly into the hands which reposed that trust , might he not iustly say that they had betrayed and forfeited that trust , by using the meanes which was given them to disburthen the common-wealth of a debt which was then thought insuportable , only to plunge it irrecoverably into a greatter , and to ruine the kingdome to prefer halfe a score men . and if the people should follow their logique , he tryed only by the equity of the law , might they not charge them with the breach of trust , in changing the whole frame of the governement of the kingdome , and subiecting them to so unlimited an arbitrary power , that no man can know at the setling of the houses , what he shall be worth at their rising ? did they intend , when they let these men into that assembly , that they should shut the door , and keepe those that sent them for ever from those councells ? did the king intend that they should rob , depose and murther him ? and did the people intend that their fellowes and companions should imprison , plunder and destroy them ? and if the abused king , and iniured people should now declare this act to be void , and in it selfe against the fundamentall lawes of the kingdome , and so this parliament to be disso●ved , would not you . principles and foundations beare them out ? you are one of the oldest parliament men i know , and however you may have since changed your mind ; have to me seemed the most scandalized at the indignities offered to the very being of parliament , by the wildnesse and fury of this . did not you passonately reprehend the pert burgesse of your own towne for arguing against the kings negative voice , because then it may fall out that the common-wealth might be ruined for want of a supplementall law , which the perversnesse of one man would not confent to ? did you not then ( after you had shewed the impossibility and madnesse of such suppositions , and that from the beginning of this monarchy to this day no inconvenience had hapned of that kind ) say that you were perswded in your conscience that the lawes of the kingdome were so compleat , in order to the government of the kingdome that if there should never more be made so the old were faithfully observed the kingdome would be at least without any diminution of its happinesse ? on the other side , if the kings consent were not necessary you said all those bills which had heretofore passed both houses , and for want of the royall assent had been layed by , would now rise up as so many lawes to as great a confusion as these ordinances have made ? did you not then say that when parliaments left their modestie , they w●u●d lose their reputation , and when they walked in any other path then of their known presidents , and iudged by any other rule then the known laws they would advance a tyranny more insupportable then ever rome or greece endured ? your priviledges which are freedom of speech , and freedom from imprisonment , ( except where the law sayes you may be imprisoned where are they ? how violated ? and by whom , but by your selves : how many men chosen and sent by their countries , have you turned out of the house or not concurring with you in opinion ? how monstrous is it that the king may not commit a member who attempts to kill him without your leave ; and you may commit another , for but desiring to kisse his hand ? and whilest you would not suffer his maiestie , without breach of priviledge , to commit traytors and fellons , because they are members of either house you are content that alderman pennington or any of the city captaines commit those who sit amongst you , and you have not the courage to reprehend them . do you think the people of england can look long upon sixscore or sevenscore men ( for both houses doe not containe a greater number ) as upon the high court of of parliament ? when a great part of those two are persons of such desperate fortunes , and contemptible undertakings , as off from those benches were never thought fit for sober and honest counsels . you may break what iests you please upon the king and the cavaliers , and say , that if he were in his owne power , he would quickly returne to his parliament , but truely the court here hath so much charity to beleeve , if both houses were at liberty to doe according to their consciences , this publique fire would be quickly quenched . beleeve it no sober man looks upon you under any other notion , then as men besieged by the desperate common councell of london , and their adherents , who awe and fright you to their wicked and damnable conclusions : nay , the close committee it selfe is a greater breach of the priviledge of parliament then the kings comming to the house , and the taking the five members from thence could have beene . i am as little pleased with the perpetuity of this parliament , as i have beene with the untimely breaking of others ; and let me tell you , all the dissolutions of parliament from the beginning of them to this time , hath not done halfe that mischiefe as the continuance of this hath done ; and yet since it hath the countenance of a law , i wish it may never be dissolved but by a law . what designes have these men even upon parliaments themselves , is too evident , whereas if the king prevailes : parliaments are againe restored to their full lustre : you have read his protestations solemnly made in the presence of god for defence of the priviledges of parliaments ; he is too iust and too pious a prince to break those promises and to reproach himselfe with his owne declarations ; but if he should enquire , whether the persons about him , even the officers of his army are like to concurre with him in those ends ? i am perswaded it would be more in his power to imploy his army to the destruction of the law , then you once thought it was to raise one for his preservation . in a word as you esteeme and reverence reall parliaments ▪ abhorre these men who would use the word parliament onely as a stalking horse to destroy all acts of parliament ; there cannot be a more irreverent mention of parliaments , then to call the fanatique actions of a few desperate , seditious persons the proceedings of parliament . a parliament is the great councell of the kingdome graciously called by his maiesties writ , confidently to present the grievances of the people , and humlby to offer their advice and councels so reformation ; if they come unsent for , irregularly call that a grievance that the law allowes , and insolently command in stead of modestly advising the royall power by whose authority they come together , they doe as much as in them lies ▪ dissolve the parliament by proceeding against the nature of parliaments . the next scandall this wise gentleman takes , is at the protecting delinquents ; does this trouble you to ? call your memory to an account , i think i have heard you say you have been of eight parliaments . how many delinquents have you 〈…〉 seven of them ? and what were they ? were not 〈◊〉 o● them 〈◊〉 such as had presumed to sue or arrest priviledged persons ? how many men in your time have you knowne committed by the house of commons before this parliament ? doe you think it reasonable ▪ t●at they who c●nno● examine , should have power to iudge ? you had need take the course you doe to slight and underva●ue all oaths , that they may not be thought necessary to legall and regular proceedings ▪ and yet why doe you then at all intimate your owne incompetencie , by sometimes desiring the lords to help you examine men by oath ? how comes it that you confesse oathes at some time to be necessary for finding out the truth , and passe it over as impertinent at other ? when you have evidence ▪ you think it a popular thing to use it , if you have none you can iudge as well without it . you have a trick to be satisfied in your owne ( consciences that can commit treason , felony , rapes , and sacriledge in the feare of god ) & then all formes and essences of proceedings , which can only distinguish right from wrong , must be dispensed with . if a treason were committed , how comes the lord chief iustice to be left out in the enquiry and no other minister imployed but your sergeant ? why should not the common-wealth heare of treason and misprision of treason in westminster hall , where the termes are understood ; but onely in the house of commons ? if a man should come to the house of commons barre , and desire the sergeant of that house should be sent for a man as delinquent , who took his purse from him upon black-heath , or picked his pocket in smithfield , if the theife were not a member of either house ( god forbid they should have the priviledge to iudge one another ) would you not think the fellow mad , and wish him to go to the next minister of iustice ? how come you to be so subtile to be able to iudge and define treasons ; about which your ancesters have been so carefull , to leave it in the view of any man what it is ? tell your selfe without blushing , who you thinke are meant by delinquents : is it not visible to all the world , that you intend all such who are not or will not be traitors to the knowne lawes , to be delinquents to both houses ? and 't is a notable breach of priviledge that his maiesty will protect these delinquents from you ; looke over your owne votes and see if all men who do not assist you in your pious work of murthering the king , and destroying the common-wealth ( for you have faithfully requited the lazy gentlemen who desired to be lookers on ) are not comprehended in the number of delinquents : what was sir iohn hotham for denying his maiestie admittance into his owne towne of hull ? a priviledged person and an upright patriot : what were they who attended his maiesty when he presumed desperatly and rebelliously to offer to go thither ? delinquents : and yet his maiesty will not suffer those who kept him out , to iudge those who should have gon in with him ; wonderfull breach of priviledge , and protecting of delinquents ! if we cannot recover law againe , for gods sake let us have sense restored to us and not grow beasts in our understanding as well as in our liberty ; it will make us love mankind the worse , to see men with sad browes , as if they believed themselves , seriously urge things in publique which in privat would make friends quarrell , for the scorne and indignity offered to reason such is all your discourse of priviledges and delinquents . but you have at last found a prety obligation upon your selves to rebell against law and reason , your late protestation requires all this at your hands , in the behalfe of the priviledges of parliament , which by that you are bound to defend , and so you rescue your selves from the duty of allegiance , to which you have regularly and legally sworne by a voluntary protestation to doe somewhat you doe not understand : if there be any thing by that protestation enioyned to be done , which was unlawfull to be done before the protestation was taken , 't is no more to bee iustified by that act , then any other unlawfull thing is by a ras● and wicked vow entred into by a person who desires to doe mischiefe . if there bee nothing in it but what before was the duty of every man , there needs no argument from the protestation ; the truth is , though i like not the use hath beene made of it to poyson and mislead simple people , nor the irregularity ( to call it no worse ) of compelling men to take it when no law requires it , i know nothing promised or undertaken in that protestation which every honest man doth not , and alwayes did hold absolutely to be his duty , no man being obliged by it to doe any thing , but as farre as lawfully he may . and would not a stander by think a man mad , that should sweare to defend the kings person , and to maintaine the priviledges of parliament , and immediately draw his sword upon the king whose person he knew , in the behalfe of somwhat he is told is priviledge of parliament ? we are gotten againe into the old circle of folly and madnesse . your last scruple i will be serious with you in , 't is that ( however throwne among the people malitiously , and indeed against the conscience of the contrivers ) which i know startles many well meaning , and well-wishing men , you are afraid of the papists , and that if the king prevailes , that religion will have too great a countenance and growth , to the scandall of ours ; indeed if this feare were well grounded , you would have so many partners with you in your trouble , that you would even be satisfied in your company , and by that think your selfe secure against your feares ; what makes you doubt this , an inclination in the king himselfe ? let his life be examined , his continued publique acts of devotion , ( examples indeed for a through reformation ; ) his understanding the differences betweene the church of rome and us ; and so not onely utterly dissenting from them , but knowing why he doth so , and he will be found above the reach of envie or malice , and indeed above your owne feares and iealousies : take a list and survey of his servants and counsellors , who are suspected to have the least interest in his favours and inclinations , you will not find a man under the least taint that way and most of them ( till your dishonest uncharitable distinction of popish and popishly affected was throwne among the people ) thought eminent advancers of the true protestant religion established . and let me tell you , if there should be a breach made upon that religion these men would stand in the gap , when halfe your zelots would submit to an alteration , if it brought any satisfaction to their worldly ambition . but you say the queene is of that religion , and she hath a great interest and power over his affections , and you think it an un-kingly thing to be a good husband ; and whilst your selves are guided and swayed by other mens wives , ( for 't is not women you are angry with , you allow them whole sharers with you in your mischiefes ) you cannot endure he should so much as advise with his own ; indeed i cannot blame you to desire to keep him from any conversation with one you have used so ill . but how comes this melancholly upon you now ? is she more a catholique now then she was fifteen yeares since ? why did not these feares and iealousies break out into rebellion when he was first married ? before the nation knew any thing of her , but her religion ? after the experience of so many yeares ; after the enriching the kingdome with so hopefull and numerous an issue ; after the obliging all sorts of people with her favours , without dis-obliging any body that i have heard of ; after fifteene yeares living here with great expressions of love and affection to the english nation , without any other activity in religion , then to live well , and wish well to her owne , with equall esteeme of those who are not of the same profession , to desire to break and interrupt that excellent harmony in affections , is an ingratitude , an impiety worthy the contrivers of these bloody distempers : looke into the persons who have received the greatest testimony and evidences of her favours , you will not find them to be popish or popishly affected , but in the list of your own religious men and godly women ; if you will convert her , let your charity and humility , the principles of true religion , let your obedience and loyalty , the effects of true religion , be an evidence to her that yours is the right ; the course you take , will rather fright good people from any , then invite them to yours : she is a lady too well understands her owne share , and her owne adventure in the publique distractions , not to endeavour with her soule a reconciliation of them ; i would your ladies were like her ; she is as farre from revenge of iniuries and indignities , as from deserving them . you have the advantage in your provocati●ns , you have met with tempters as apt to forgive , as you are to offend who are as unlimited in their mercy as their enemies are in their insolencies : make good use of it , set your hearts upon peace , and you will easily finde the way to it ; be once ingenious , and you will be quickly safe . but oh , the great army of papists ! if that were disbanded your feares and iealousies would infinitely abate : that 's well ; pray observe how these papists come together . remember nottingham when you had a formed army of 10000. men , and his maiesty not 800. muskets at his command in all his dominions ? if you had then fallen upon him and destroyed him ( as if your pride had not been greater then your loyalty you had done ; you meant to strip him by votes and ordinances of all succours and assistance , that he should be compelled to put himselfe into your hands for protection , and so confesse your army to be raised for his defence . ) wou d not now all christian princes have thought his maiesty guilty of his owne undoing , who would not suffer himselfe to receive ayd from any of his owne subiects , though they were papists ? you tell me the author of those queries is learned in the lawes pray get him to shew you one law , whereby the papists are inhibited to serve their soveraign against a rebellion ; because papists may not come neere the court without the kings leave , or weare armes , may not a papist ride post to tell the king of a designe to murther him ? or being present , take away a sword from that man who atempts to kill him ? sure there is no law hath prohibited the allegiance of the papists , and because they will not come to church , forbid them to be subiects . if a fleet arived from france or spaine to invade us , were it not lawfull for a papist to endeavour to destroy that fleet ? and must he sit still in a rebellion , and see his soveraigne , and the lawes of the land ( in which he hath an equall interest with any other subiect ) in imminent visible danger to be destroyed , and must not assist either ? yet observe now ( how much soever you seeme to be scandalized at it ) what you your selves have done towards the raising this army of papists , and indeed if there be such an army , whether your selves have not raised it ( without breaking your owne iest , and saying 't is raised by the power of both houses , as yours is by the kings authority ) you seize upon all the papists estates , plunder their houses , imprison their persons , without the least colour of law , leaving them no place to breath in but under shelter of the kings army , and thence you would have the king drive them to , for being papists . you suffer mr. griffith to raise a troop of that religion for your service , and when they cashiere their captain , and come in to his maiestie , you would have him disband them because they are papists . for gods sake get one one of your orators to make a speech for the king to a papist , who shall say to him ; sir , i have lived modestly and dutifully at my owne house without assuming to my selfe any licence which the law gave me not ; i have humbly submitted to the penalties imposed on me , and contented my selfe with what the law hath left me , i am driven from thence by force of armes , my estate taken from me my liberty endeavored to be so to , i am your subiect you are my king vouchsafe me the protection you owe me . what answer shall he make : sir , you are a papist , and you shall not come neere me ; or sir i am content you shall be under the shelter and security of my forces , but upon your life use no weapon bear no arms , help them not though they are in danger to be cut in pieces before your face . let a sober man find a way to get out here , to be a king and not protect them . and after all this what a goodly army of papists hath his maiestie got together ? not to compare with you , for you say 't is no matter what number of papists you have , because there are no feares and iealousies of your favouring of popery ▪ ) i am confident , and i have my information from no ill hands , that in all his maiesties armies the papists cannot make one good regiment . get but the honest sober true protestants once of your mind , and my life upon it , you shall not see the papists grow above the reach of the law . here is an end of your author a word now to your owne letter i find you much transported with the apprehension of gods wonderfull blessings upon the proceedings of both houses , that their progresse and successe hitherto hath not beene lesse then miraculous ; indeed there are negative miracles , as well as affirmative for god to forbeare what according to his iustice and goodnesse , and other attributes we might expect from him by the way of punishment & revenge , is a miracle of his mercy in this sence , the world which hath seene your treason and rebellion your acts of iniustice , cruelty and inhumanity , your lying and blasphemy , your profannesse and sacriledge ( if your divines have left you the apprehension of such a sinne ( and by the way if they have , pray send me word what they meane by it ) they who have observed the ill arts you have used to compasse things in themselves lawfull , and the wicked arts you dayly use to compasse things unlawfull , and see that stones in the streets have not risen up against you , and fire from heaven hath not consumed you , must say you tempted god so far , so insolently ▪ that less then a miracle could not preserve you : ba●e me this one miracle , and tell me if the hand of god hath not bin upon you , and pursued you from the first houre you entred into rebellion , are you not fallen from your universall interest and reputation with the people , to that degree of hatred , that they curse you to your face ? are you not shrunke from the honour and reverence due to a parliament , to the imputation of a vile crowd of meane , guilty seditious persons ? doe not your friends every day forsake you , and those persons of quality whom you mislead , with more bitternes fall from you , then your first delinquents ? are not your own weapons turned upon you , and are not you afraid of those petitioners , whom with so much skill and industry you taught to petition ? is not your owne army , raised and maintained by your selves , growne so undevoted to you , that some commanders every day leave you , and others are committed by you for feare they will do so too ? are you not brought to that strait as to feare a mutiny for want of pay , and not to dare to pay for feare of a disbanding ? have you not by blood and rapine , with the curses of all good men gotten the treasure of the kingdome into your hands , and wasted it so that your wants are as notorious as your crimes ? lastly , are you not so iealous , so divided amongst your selves , that if your army prevailed to morrow , you were as far from compassing your own ends , as when you began your desperate undertaking ; your principall commanders being as far from their ends who conzened them into this rebellion , as the prime cavaliers in the kings army , excepting only their affection to the kings person . — there is the miracle on your parts ; see now what god hath done for his anointed ? call back your memory to the 10. of ianuary , look upon him driven furiously from whit-hall , with his wife and children , for feare of his life , whilest his owne servants for their security durst not be neere him ; looke upon him at hampton court , scornfully accused of levying warre against himselfe , and the sheriffes and constables appointed to disperse his army ; remember him at windsor without ordinary ; necessary support ; thinke of the 20th of ianuary , when you would not vouchsafe to tell him what you would have , requiring nothing but his submission to your counsells : remember him at yorke , and beverly , after you had possessed your selves of all his arms , castles , forts , townes and ships , and seized upon all the armes of the kingdome , stopped his rents , and incensed the people in all parts against him ; oh think upon him at nottingham when you would not vouchsafe to treat with him , onely giving your great generall power of receiving him to mercy , when you had reduced him to that condition , that he had neither armes , men , or money , or knew as you thought where to have any , and this at a time when you had a want on flourishing army of 10000 men within two dayes march of him to bring him back to london , here is an argument for a miracle ; observe him in a moment , as if regiments fell from the cloudes ▪ hasting his owne march to the place where he was expected without staying to be called upon at shrewsbury , view him at edgehill , with a handfull of men ( and if they were more imagine how he got them ) finding out his formidable army and dispersing them . himself taking as much pains to save those who came to destroy him as others had done to seduce them ; instead of being brought up by the earle of essex , as by the vote of both houses he ought to have been see him making his own way scattering those at reading , and showing himselfe at brainceford that if indeed he were so much desired at london and might be worthy●y received there they might have their wish . beleeve it sir , his maiesty hath not so great a iourney to the conquest of spaine , as he had from nottingham to brainceford . if you cannot suddenly find how this army was raised , enquire how it hath been kept together ; a fit of loyalty and affection , a litle dislike and indignation to see a good king ill used , might procure a present supply , but that this army raised without money , and armed without weapons , should live and grow six moneths together , that no souldiers should starve for want of meat , or murmur for want of pay , that the king should have a magazine , and you want armes that the king should pay his souldiers , and you have no mony , is such an instance of the power and presence of the almighty that if any such argument were currant with you , your principall members would no longer have tempted god in this kingdome but have sought him in a strange land . improve all these instances by your own observations , and tell me sadly on whose side the miracles have appeared . you would know my opinion what the burgesse of d. should doe , and you tell me , his honour will not suffer him too apparantly to recede from those with whom he hath kept so much company . i know not what counsell to give you upon that principle , if his honour and his innocence have not a care of each other , neither can be safe ; me thinks the king himself hath given you a rare pattern of modesty in that point ; he did not satisfy himself with cōsenting to new laws , but acknowledged passed errors . reparation is as soveraign a thing as bounty , and except there be this ingenuity , reformation can never be perfect ; you say he doubts what he hath done formerly will be more remembred then what he hath since done or shall doe for the future ; hee is too blame , he hath not a generous nor a christian mind , who thinks ill services may not bee throughly repaired by future duty . i am so farre from that opinion as though his mistakes have been of as ill consequence to the publike as most mens , i beleeve he hath so good an opportunity by some eminent service to repaire himselfe , that he may even lay an obligation of gratitude upon the king , not only to forgive but reward his affection . there is no such way to have what he now does , not valued as by iustifiing what he hath done so contrary to this ; 't is no scandall to be deceived , lesse to confesse he was so . let him take the same pain to oppose and suppresse unreasonable persons as he doth to perswade others to consent to what himselfe thinks unreasonable , and the worke is done . as he hath a taske to doe somewhat that is noble , so he hath a faire game before him having done it . i know nothing of yours unanswered , you must give me leave hereafter not to beleive you , if you stumble any more at these strawes rather consider what he is to answere to god , the king , his country and posterity , that sits idle without resisting the violence and indignity offered to all foure , that is content to see this pretious game of religion , liberty and honour played at other mens charges , and possibly in hazard of being lost for want of his assistance ; consider whether you and the rest who first excercised the militia in gloucester-shire , & so discomposed the government , and first taught the people a new obedience , have not to answere for all the miseries , and pressures which have since befallen that poore country . let those who have contributed to the raising and maintaining of that rebellious army , think sadly , whether they are not guilty of all the blood-shed on either side , & in this meditation that vertuous lord , ( who had long since been starved but for the kings meat , and bin naked , but for his clothes ) may find himselfe guilty of the murther of his father ; remember the blessed condition we were in 18 , moneths since and be proud if you can of the state you have now brought us to think of the firm stable happines our auncestors enjoyed , and resolve there cannot be security but by the same rule . 't is not laying down arms makes a peace , but such a vnion of affections , that neither party unpleasantly remembers the way to it . if king or people be enforced to give away that which properly belongs to them , it will produce rather rest then peace , and the memory therof will be so grievous to the loser , that perpetuall iealousies and discontents will be between them : insist upon your rights ; let all doubts which may concern religion , libertie and propertie be cleared and secured ; let parliaments recover their good old priviledges , these are all our birthrights , and hath bin that which hath made the happines and freedom of the english nation loved and envied through christendome ; we will not part with a tittle of them , but when they shall be in danger , will ioyne with you in their defence . but let us rest here , press not the king to part with what properly helongs to him , 't is our right to see that he enioyes his ; the houre that he growes lesse a king , we have lost a part of our freedome : if the power of subiects be once inlarged , we are losers by it , and affect an authority will destroy us . do not think the kings love of peace can invite him to part with the benefits of peace ; what would the world think of him , if after the taking up arms for the defence of his own , he should upon condition he might lay them down againe , part with that for the maintenance of which he took them up ? would he not iustifie what hath bin done against him , if he yeelded that now , which if he had 8. months since all this confusion they will say might have bin prevented ; and will he not leave an excellent encouragement to posterity to tread in their fathers steps , and to follow the example of their prosperous wickednesse ? doe not think a iewell plucked out of the royall diadem can keep its brightnesse and lustre in any other place ; 't is a losse to the nation which cannot be repaired by an access of power to private hands . if this be reason ; let not the folly and madnesse of other people make you quit it : warre it selfe is not halfe so grievous , as the iurisdiction of these men who would have you resigne your understanding to their fury and madnesse . let them shift for themselves , and you shall quickly see what a contemptible people they will prove : let religion , reason , law iustice and honour be your guids ; the kingdome will flourish , and we shall againe be happy in each other . from my quarter , this 10. of april . 1613. finis . a briefe relation of the death and sufferings of the most reverend and renowned prelate, the l. archbishop of canterbury with a more perfect copy of his speech, and other passages on the scaffold, than hath beene hitherto imprinted. heylyn, peter, 1600-1662. this text is an enriched version of the tcp digital transcription a43512 of text r212372 in the english short title catalog (wing h1685). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 66 kb of xml-encoded text transcribed from 17 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a43512 wing h1685 estc r212372 12137717 ocm 12137717 54797 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a43512) transcribed from: (early english books online ; image set 54797) images scanned from microfilm: (early english books, 1641-1700 ; 104:6) a briefe relation of the death and sufferings of the most reverend and renowned prelate, the l. archbishop of canterbury with a more perfect copy of his speech, and other passages on the scaffold, than hath beene hitherto imprinted. heylyn, peter, 1600-1662. [2], 30 p. [s.n.], oxford : 1644. attributed to peter heylyn. cf. halkett & laing (2nd ed.). reproduction of original in huntington library. marginal notes. eng laud, william, 1573-1645. a43512 r212372 (wing h1685). civilwar no a briefe relation of the death and sufferings of the most reverend and renowned prelate the l. archbishop of canterbury: with, a more perfec heylyn, peter 1645 12130 11 0 0 0 0 0 9 b the rate of 9 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2002-08 tcp assigned for keying and markup 2002-09 spi global keyed and coded from proquest page images 2002-10 judith siefring sampled and proofread 2002-10 judith siefring text and markup reviewed and edited 2002-12 pfs batch review (qc) and xml conversion a briefe relation of the death and svfferings of the most reverend and renowned prelate the l. archbishop of canterbvry : with , a more perfect copy of his speech , and other passages on the scaffold , than hath beene hitherto imprinted . jerem. 26. 14 , 15. 14. as for mee , behold i am in your hands , do with mee as seemeth good and meete unto you : 15. but know ye for certaine , that if yee put mee to death , ye shall surely bring innocent blood upon your selves , and upon this city , and upon the inhabitants thereof , &c. oxford , printed in the yeare 1644. a briefe relation of the death and sufferings of the most reverend and renowned prelate , the lord arch-bishop of canterbury , &c. it is a preposterous kinde of writing to beginne the story of a great mans life , at the houre of his death ; a most strange way of setting forth a solemne tragedie , to keepe the principall actor in the tyring-house , till the play be done , and then to bring him on the stage onely to speake the epilogue , and receive the plaudites . yet this must bee the scope and method of these following papers . to write the whole life of the most reverend and renowned prelate the lord arch-bishop of canterbury , would require more time then publique expectation can endure to heare of . those that can judge ( as all wise men may ) of the brightnesse and glories of the sunne in his highest altitude by the clearenesse of his going downe ; or that can ortum solis in occasu quaerere : discerne the rising of the sunne ( as once straton did ) by the reflection of his beames in a westerne cloud : may by the glorious manner of his death and sufferings , presented in these short remembrances , conjecture at the splendour of those rare endowments both of grace and nature , wherewith his former life was adorned and beautifyed . the ordinary and unsatisfied reader , may for his farther satisfaction repaire to master prynn's breviate of his life and actions , though publish'd of purpose to defame him , and render him more odious to the common people . concerning which , the reader may observe in breife , that all which mr. prynn's industrious malice hath accused him of in those collections , is , that hee was a man of such eminent vertues , such an exemplary piety towards god , such an unwearied fidelity to his gracious soveraigne , of such a publique soule towards church and state ; so fixt a constancy in freindship , and one so little biassed by his private interesses ; that this age affords not many equalls . and it would trouble plutarch , ( if he were alive , ) to finde out a fit parallell with whom to match him . all therefore i shall doe at the present time , ( and 't is the last publique office i shall do him ) is , to lay downe the story of his death and sufferings , together with a view of those plots and practises which were set on foote , to pluck a few yeares from a weake old man , and bring him to an unnaturall calamitous end . for though that maxime in philosophy is most true and certaine ; that corruptio est in instanti , that death comes to us in a moment , or in the twinkling of an eye , as the scriptures phrase is ; yet are there many previous dispositions which make way unto it ; all which are comprehended in the name of death . and in that latitude of expression doe we take the word , in laying downe the story of his death before you ; which being writ out of an honest zeale to truth , and a sincere affection to his name and memory , shall either bee approved of , or at least excused . it was the practice and position of the antient donatists , ( the predecessours and progenitors of the modern puritan ) occidere quemcunque qui contraeos fecerit ; to kill and make away whoever durst oppose their doings , or was conceived to be an hinderance to their growing faction . and by this card their followers in these kingdomes have beene steered of late , imprisoning and destroying all who have stood against them . it is long since they entertained such desperate purposes against the life and person of the lord arch-bishop , threatning his death in scattered libels , telling him that his life was sought for , that neither god nor man could endure so vile a counsellour to live any longer . this was about the end of march 1629. and was the prologue to those libels , full of threats and scandals , which yeare by yeare exasperated and inflamed the people , till they had made them ripe for mischeife , and readily prepared to execute whatever their grand directours should suggest unto them . saint paul did never fight more frequent and more terrible combats with the beasts of ephesus , for the promotion of the gospell , then he with these untractable and fiery spirits , who most seditiously opposed his religious purposes of setling unity and uniformity in this church of england . and in this state things stood till the yeare , 1640. in which not onely many factious and seditious people in and about the city of london , made an assault by night on his house at lambeth , with an intent to murther him , had they found him there : but the whole faction of the scots declared in a remonstrance to the english nation , that one of the cheife causes which induced them to invade this realme , was to remove him from his majesty , and bring him to the punishment which he had deserved . the manner of their comming hither , and the great entertainment given them by the faction here , shewed plainely that they were not like to bee sent away without their errand : and makes it evident that his ruine was resolved on in their secret counsells , before the parliament was called , or that they had declared so much by their will revealed . the parliament had not long continued , but he is named for an incendiary by the scottish commissioners ; and thereupon accused of treason by the house of commons . and although no particular charge was brought against him , but onely a bare promise to prepare it in convenient time ; yet was he presently committed to the custody of the gentleman vsher , and by him kept in duresse till the end of february , ( being full tenne weeks ; ) about which time his charge was brought unto the lords , but in generals only , and longer time required for particular instances . and yet upon this lydford law , by which they used to hang men first , and endite them afterwards , ) was he committed to the tower , being followed almost all the way by the rascall multitude , who barbarously pursued him with reproach and clamours to the very gates ; and there detained , contrary to all law and justice , almost foure yeares longer . this was the first great breach which was made by parliament in the liberties of the english subject ; ( save that their like proceedings with the earle of strafford , was a preparative unto it ; ) and was indeed the very gappe , at which the slavery and oppression , under which this miserable nation doth now pine and languish , did breake in upon them . what right could meaner persons looke for , when as so great a peere was doomed to so long imprisonment , without being called unto his answer ! what else hath filled so many prisons in most parts of the kingdome , with the best and wealthiest of the subjects ; but the most dangerous effects and consequences of this woful president ! which as it was the leading case unto all our pressures ; so might those pressures have beene remedied , had the subject made his case their owne ; and laboured to prevent it in convenient time . but such a miserable infatuation had befallen them generally , that seeing they did see , but would not perceive . but yet the malice of his enemies was not so contented . for though some of the more moderate ( or rather the lesse violent ) lords , who did not pierce into the depth of the designe , gave out that they intended only to remove him from his majesties eare , and to deprive him of his arch-bishoprick , ( which resolution notwithstanding being taken up before any charge was brought against him , was as unjust though not so cruell , as the others : ) yet they shewed only by this overture , that they did reckon without their hosts , and might be of the court perchance , but not of the counsell . the leading and predominant party thought of nothing lesse , then that he should escape with life , or goe off with liberty . onely perhaps they might conceive some wicked hopes , that either the tediousnesse of his restraint , or the indignities and affronts which day by day were offer'd to him , would have broke his heart , not formerly accustomed to the like oppressions . and then like pilate in the gospel they had called for water , and washed their hands before the multitude , and said , that they were innocent of the bloud of that righteous person : thinking that by such wretched figge-leaves , they could not only hide their wickednesse , and deceive poore men ; but that god also might be mocked , and his all-seeing eye deluded , to which all hearts lye open , all desires are knowne , and from which no secrets can be hidden . to this end not content to immure him up within the walls of the tower , they robbe him of his meniall servants , restraine him to two only of his number , and those not to have conference with any others , but in the presence of his warder : and in conclusion make him a close prisoner , not suffering him to goe out of his lodging to refresh himselfe , but in the company of his keeper . and all this while they vex his soul continually with scandalous and infamous papers , and set up factious and seditious preachers to inveigh against him in the pulpit to his very face ; so to expose him to the scorne both of boyes and women , who many times stood up and turned towards him , to observe his countenance , to see if any alteration did appear therein . and to the same ungodly end , did they devest him of his archiepiscopall and episcopall jurisdiction , conferring it on his inferiour and subordinate officers ; sequester his rents under pretence of maintenance for the kings younger children ( as if his majesties revenues which they had invaded , were not sufficient for that purpose , ) convert his house at lambeth into a prison , and confiscate all his coals and fewell to the use of their gaoler ; deprive him of his right of patronage , and take into their owne hands the disposing of all his benefices ; seize upon all his goods and bookes which they found at lambeth ; and in conclusion rifle him of his notes and papers , not onely such as were of ordinary use and observation , but such as did concerne him in the way of his just defence . in which they did not any thing from the first to the last , but in a proud defiance to the lawes of the land , which they most impudently violated in all these particulars : and more then so , they had proceeded steppe by steppe , to this height of tyranny a whole year almost before they had digested their generall charge into particular accusations ; or ever called him to his answer in due forme of law . but god had given him such a measure both of strength and patience , that these afflictions , though most great and irksome , did make no more impressions on him , then an arrow on a rocke of adamant . for a● his 〈◊〉 commitment he besought his god , ( as master pryn observes out of his manuall of devotions ) to give him full patience , proportionable comfort , and contentment with whatsoever he should send ; and he was heard in that he prayed for . for notwithstanding that he had fed so long on the bread of carefulnesse , and dranke the water of affliction : yet , as the scripture telleth us of the foure hebrew children , his countenance appeared fairer and fatter in flesh , then any of those who eat their portion of the kings meat , or dranke of his wine . and he was wont to say to his private friends , that , he thanked god , he never found more sweet contentment in his greatest liberty , then in the time of that restraint . and certainly it was no wonder that it should be so , he being conscious to himselfe of no other crimes , which drew that fatall storme upon him , then a religious zeale to the honour of god , the happinesse of the king , and the preservation of the church in her peace and patrimony , as he professeth at his death before all the people . so that despairing of successe in the way intended his enemies sell upon another , but more desperate course , which was to ship him for new-england , and make him subject to the insolencies of wellt and peters , two notorious schismaticks . but this being put to the question in the house of commons , was rejected by the major part : not out of pity to his age , or consideration of his quality , nor in respect unto the lawes so often violated ; but to preserve him yet a while , as a stale or property , wherewith to cheat the citizens of some further summes , and to invite the scots to a new invasion , when their occasion so required . for it was little doubted by discerning men , but that the scots , who made their first invasion on a probable hope of sequestring the lord archbishop and the earle of strafford from his majesties counsels ; and sped it so well in their designe , that they were recompensed already with the death of the one , would easily be tempted to a second journey , upon assurance to be glutted with the bloud of the other . and this appeares more plaine and evident , in that about the comming on of the scots , which was in the middest of ianuary 1643. they did againe revive the businesse , which had long layen dormant ; causing the articles , which they had framed in maintenance of their former accusation , to be put in print about that time , as is apparent by the test of iohn browne their clerke , dated the 17 of that moneth . and as the scots advanced or slackned in their marches southward , so did they either quicken or retard the worke : till hearing of the great successes which they had in yorkshire , they gave command to master prynne ( a man most mischievously industrious to disturbe the publique ) to prosecute the charge against him , and bring him to his long expected triall ; as he reports it of himselfe , who , having rifled him of his papers , and thereby robbed him of those helpes , which hee had purposely reserved for his just defence ; and having personall quarrels of his owne to revenge upon him , was thought to be the fittest bloud-hound in the whole kennell , to pursue the sent . and now there was no talke but of quicke dispatch . when hatred doth accuse , and malice prosecute , and prejudice and prepossession sit upon the bench , god helpe the innocent . there 's nothing but a miracle can preserve him then . and so it proved in the event . they called him often to the barre , both before and after , caused a strict inquisition to be made into all his actions : they winnowed him like wheate , and sifted him to the very bran , ( which was you know the devils office ; ) they had against him all advantages of power and malice , and witnesses at hand upon all occasions : but still they found his answers and his resolutions of so good a temper , his innocence and integrity of so bright a die , that as they knew not how to dismisse him with credit , so neither could they find a way to condemne him with justice . and though their consciences could tell them , that hee had done nothing which deserved either death or bonds ; yet either to reward or oblige the scots , who would not thinke themselves secure whilst his head was on , they were resolved to bring him to a speedy end . onely they did desire , if possible , to lay the odium of the murther upon the common people . and therefore serjeant wilde in a speech against him , having aggrivated his supposed offences to the highest pitch , concluded thus , that hee was guilty of so many and notorious treasons , so evidently destructive to the common-wealth , that he marvelled the people did not teare him in pieces as hee passed betweene his barge , and the parliament houses . which barbarous & bloudy project when it would not take , and that though many of the rabble did desire his death , yet none would be the executioner ; they then imployed some of their most malicious and most active instruments , to goe from dore to dore , and from man to man , to get hands against him ; and so petitio● those to hasten to his condemnation , which must forsooth be forced to their owne desires : ( whereof , and of the magistrates standing still , and suffering them to proceed without any check , he gave them a momento in his dying speech . ) this being obtained , the businesse was pursued with such heate and violence , that by the beginning of november it was made ready for a sentence ; which some conceived would have beene given in the kings bench , and that their proofes ( such as they were ) being fully ripened , hee should have beene put over to a middlesex iury . but they were onely some poore ignorants which conceived so of it . the leading members of the plot thought of no such matter ; and , to say truth , it did concerne them highly not to goe that way . for though there was no question to be made at all , but that they could have packed a iury to have found the bill ; but by a clause in the attaindure of the earle of strafford they had bound the iudges , not to declare those facts for treason in the time to come , for which they had condemned and executed that heroicke peere . and therefore it was done with great care and caution to proceed by ordinance , and vote him guilty first in the house of commons ; in which being parties , witnesses , and judges too , they were assured to passe it as they would themselves ; which was done accordingly , about the 20 of november . but yet the businesse was not done , for the lords stucke at it . some of which having not extinguished all the sparkes of honour , did by the light thereof discover the injustice of so foule a practice ; together with the danger might befall themselves , if once disfavoured by the grandees of that potent faction . a thing so stomacked by the commons , that alter some evaporations of their heate and passion , which broke out into open threats , they presently drew and sent up an ordinance to the lords , tending to dispossesse them of all power and command in their armies . but fearing this device was too weeke to hold , they fall upon another and a likelier project , which was to bring the lords to sit in the commons house ; where they were sure they should be inconsiderable both for power and number . and to effect the same with more speed and certainty , they had recourse to their old arts , drew downe sir david watkins with his generall muster of subscriptions , and put a peition in his hands , to be tendred by him to the houses , that is , themselves : wherein it was required amongst other things , that they would vigorously proceed unto the punishment of all delinquents ; and that for the more quick dispatch of the publick businesses of the state , the lords would please to vote and sit together with the commons . on such uncertaine termes , such a ticklish tenure do they now hold their place and power in parliament ; who so efficiously complied with the house of commons , in depriving the bishops of their votes , and the churches birth-right . and this was it which helped them in that time of need . for by this ( though stale and common ) stratagem did they prevaile so far upon some weak spirits , that the earles of kent , pembroke , salisbury , and bullingbrook , the lords , north , gray of wark , and brews , ( a scothman , but an english baron , and generally called the earle of elgin ) resolved to yeild unto the current of so strong a streame : and thought they made a gaining voyage , if by delivering the lord arch-bishop to the peoples fury , they might preserve themselues in the peoples favour . and we know well , both who it was and what end he came to , who , though he knew that the accused party was delivered him out of envy onely , and that he found no evill he was guilty of ; yet being wearied with the clamours and the crucifiges of the common people , and fearing that some tumult would be made about it , delivered him unto his enemies to be put to death . and for those other lords who withdrew themselves , and neither durst condemne nor protect the innocent ; ( though far the major part , as it is reported ) it is not easy to determine , whether their conscience were more tender , their collusion grosser , or their courage weaker . all i shall say is onely this , that claudias lysias in the acts , had beene as guilty of saint pauls death , as any of the forty who had vowed to kill him ; if upon notice of the plot which was laid to murther him , he had brought him down unto the people , or not conveied him with a strong guard to the court of felix . the journies end must needs be foule , which such lewd and crooked waies do conduct unto . and it is worth your observation that the same day , the fourth of ianuary , in which they passed this bloudy ordinance , ( as if therein they would cry quittance with his sacred majesty , who on the same accused the six guilt members ) they passed another for establishing their new directory ; which in effect is nothing but a totall abolition of the common-prayer-booke : and thereby shewed unto the world , how little hopes they had of setling their new forme of worship if the foundation of it were not laid in bloud . the bill being thus dispatched in the house of lords , ( if still they may be called the lords , which are so over-loaded by the common people ) there wanted yet the kings assent to give life to it : which they so far contemned , ( they had more reason to despare of it ) that they never sought it . they had screwed up their ordinances to so high a pitch , that never act of parliament was of more authority : and having found the subjects so obedient as to yeild unto them in matters which concerned them in their goods and liberties ; it was but one step more to make triall of them , whether they would submit their lives to the selfe same tyranny : and this they made the first experiment in this kind , both of their own power , and the peoples patience ; he being the first man , as himselfe noted in his speech , ( which words are purposely omitted in hindes copy of it ; ) that was ever put to death by ordinance in parliament ▪ but whether he shall be the last , further time will shew . certaine it is , that by this ordinance they have now made themselves the absolute masters of the subjects life , which they can call for at their pleasure , as no doubt they will ; and left him nothing but his fetters , he can call his owne . just as it was observed by our gracious soveraigne , upon occasion of the ordinance for the 20th part , that the same power which robbed the subject of the twentieth part of their estates , had by that only made a claime and entituled it selfe to the other nineteene , whensoever it should be thought expedient to hasten on the generall ruine . in which his majesty hath proved but too true a prophet . and though perhaps some of the people were well pleased with this bloudy ordinance , and ran with joy to see it put in execution ; yet all wise men doe looke upon it as the last groane or gaspe of our dying liberty . and let both them and those who passed it , be assured of this ▪ that they who doe so gadly sell the bloud of their fellow subjects , seldome want chapmen for their owne in an open market . and here , as it was once observed , that the predominant party of the vnited provinces , to bring about their ends in the death of barnevelt , subverted all those fundamentall lawes of the belgick liberty ; for maintenance whereof they took up arms against philip the 2 so would i know which of those fundamentall lawes of the english government have not beene violated by these men in their whole proceedings ; for preservation of which lawes ( or rather under colour of such preservation ) they have bewitched the people unto this rebellion : it is a fundamentall law of the english government , and the first article in the magna charta , that the church of england shall be free , and shall have her whole rights and priviledges inviolable : yet to make way unto the condemnation of this innocent man , and other the like wicked and ungodly ends , the bishops must be voted out of their place in parliament , which most of them have held farre longer in their predecessors , then any of our noble families in their progenitours . and if the lords refuse to give way unto it ( as at first they did ) the people must come downe to the house in multitudes , and cry , no bishops , no bishops , at the parliament doores , till by the terrour of their tumults they extort it from them . it is a fundamentall law of the english liberty , that no free man shall be taken or imprisoned without cause shewne , or be detained without being brought unto his answer in due forme of law : yet heere wee see a free-man imprisoned tenne whole weekes together , brfore any charge was brought against him ; and kept in prison three yeeres more , before his generall accusation was by them reduced into particulars ; and for a yeere almost detained close prisoner , without being brought unto his answer , as the law requirer . it is a fundamentall law of the english government , that no man be disseised of his freehold or liberties , but by the knowne lawes of the land : yet here wee see a man disseised of his rents and lands , spoyled of his goods , deprived of his jurisdiction , devested of his right and patronage ; and all this done , when hee was so farre from being convicted by the lawes of the land , that no particular charge was so much as thought of . it is a fundamentall law of the english liberty , that no man shall be condemned , or put to death , but by lawfull judgement of his peeres , or by the law of the land , i. e. in the ordinary way of a legall tryall : and sure an ordinance of both houses , without the royall assent , is no part of the law of england , nor held an ordinary way of triall for the english subject , or ever reckoned to be such in the former times . and finally , it is a fundamentall law in the english government , that if any other case ( then those recited in the statute of king edward 3. ) which is supposed to be treason , doe happen before any of his majesties justices , the justices shall tarry without giving judgement , till the cause be shewne and declared before the king , and his parliament , whether it ought to be judged treason or not : yet here wee have a new found treason , never knowne before , nor declared such by any of his majesties iustices , nor ever brought to be considered of by the king and his parliament , but onely voted to be such by some of those few members which remaine at westminster , who were resolved to have it so for their private ends . put all which hath been said together , and then tell me truly , if there be any difference ( for i see not any ) betweene the ancient roman slaves , and the once free-born subject of the english nation , whose life and liberty , whose goods and fortunes depend on the meere pleasure of their mighty masters . but to returne unto our story , the passing of the ordinance being made knowne unto him , he neither entertained the newes with a stoicall apathie , nor wailed his fate with weake and womanish lamentations , ( to which extreames most men are carried in this case ) but heard it with so even and so smooth a temper , as shewed he neither was afraid to live , nor ashamed to die . the time betweene the sentence and the execution , he spent in prayers and applications to the lord his god ; having obtained , though not without some difficulty , a chaplaine of his owne , to attend upon him , and to assist him in the worke of his preparation : though little preparation needed to receive that blow , which could not but be welcome , because long expected . for so well was he studied in the art of dying ( especially in the last and strictest part of his imprisonment ) that by continuall fasting , watching , prayers , and such like acts of christian humiliation , his flesh was rarified into spirit , and the whole man so fitted for eternall glories , that he was more then halfe in heaven , before death brought his bloudy ( but triumphant ) chariot to convey him thither . he that had so long been a confessour , could not but thinke it a release of miseriea to be made a martyr . and as is recorded of alexander the great , that the night before his best and greatest battaile with darius the persian , he fell into so sound a sleepe , that his princes hardly could awake him when the morning came : so is it certified of this great prelate ▪ that on the evening before his passover , the night before the dismall combat betwixt him and death , after he had refreshed his spirits with a moderate supper , he betooke himselfe unto his rest , and slept very soundly , till the time came in which his servants were appointed to attend his rising . a most assured signe of a soule prepared . the fatall morning being come , he first applyed himselfe to his private prayers , and so continued , till pennington , and other of their publique officers came to conduct him to the scaffold : which he ascended with so brave a courage , such a chearfull countenance , as if he had mounted rather to behold a triumph , then to made a sacrifice , and came not there to die , but to be translated . and to say truth , it was no scaffold , but a throne ; a throne whereon he shortly was to receive a crowne , even the most glorious crowne of martyrdome . and though some rude , uncivill people reviled him as he passed along , with opprobrious language , as loth to let him goe to the grave in peace , it never discomposed his thoughts , nor disturbed his patience . for he had profited so well in the schoole of christ , that when he was reviled he reviled not again , when he suffered he threatned not , but committed his cause to him that judgeth righteously . and as he did not feare the frownes , so neither did he covet the applause of the vulgar herd , and therefore rather chose to read what he had to speake unto the people , then to affect the ostentation either of memory or wit in that dreadfull agony : whether with greater magnanimity or prudence , i can hardly say . as for the matter of his speech , besides what did concerne himselfe and his owne purgation , his great care was to cleare his majestie , and the church of england from any inclination unto popery ; with a perswasion of the which , the authors of our present miseries had abused the people , and made them take up armes against their soveraigne . a faithfull servant to the last . by meanes whereof , as it is said of sampson in the booke of iudges , that the men which he slew at his death were more then they which he slew in his life : so may it be affirmed of this famous prelate , that he gave a greater blow unto the enemies of god and the king at the houre of his death , than he had given them in his whole life before ; of which i doubt not but the king and the church will find speedy fruits . but this you will more clearely see by the speech it selfe . 〈◊〉 followeth here according to the best and most 〈◊〉 copies . a speech of the l. archbishop of canterbury , spoken at his death upon the scaffold on the tower-hill ianuary 10. 1644. good people , this is an uncomfortable time to preach , yet i shall begin with a text of scripture , heb. 12.2 . let us run with patience that race which is set before us , looking unto jesvs the author and finisher of our faith , who for the joy that was set before him , endured the crosse , despising the shame , & is set down at the right hand of the throne of god , i have beene long in my race , and how i have looked to jesvs the author and finisher of my faith , he best knowes : i am now come to the end of my race , and here i finde the crosse , a death of shame ; but the shame must be despised , or no comming to the right hand of god ; jesus despised the shame for me , and god forbid but i should despise the shame for him ; i am going apace ( as you see ) towards the red sea , and my feet are now upon the very brinke of it ; an argument , i hope , that god is bringing me into the land of promise , for that was the way through which he led his people : but before they came to it , he instituted a passeover for them , a lambe it was , but it must be eaten with sowre hearbs , i shall obey , and labour to digest the sower hearbs , as well as the lambe . and i shall remember it is the lord's passeover ; i shall not thinke of the herbs , nor be angry with the hand which gathereth them ; but looke up only to him who instituted that , and governes these ; for men can have no more power over me then what is given them from above . i am not in love with this passage , through the red sea , for i have the weakenesse and infirmities of flesh and bloud plentifully in me ; and i have prayed with my saviour , ut transiret calixiste , that this cup of red wine might passe from me : but if not , god's will ( not mine ) be done and i shall most willingly drinke of this cup as deepe as he pleases , and enter into this sea , yea and passe through it , in the way that he shall lead me . but i would have it remembred ( good people ) that when gods servants were in this boysterous sea , and aaron among them , the aegyptians which persecuted them ( and did in a manner drive them into that sea ) were drowned in the same waters , while they were in pursuit of them ; i know my god whom i serve , is as able to deliver me from this sea of bloud , as he was to deliver the three children from the furnace ; and ( i most humbly thanke my saviour for it ) my resolution is now , as theirs was then ; they would not worship the image the king had set up , nor will i the imaginations which the people are setting up ; nor will i forsake the temple and the truth of god , to follow the bleating of jeroboams calfe , in dan and in bethel . and as for this people , they are at this day miserably misled , ( god of his mercy open their eyes that they may see the right way ) for at this day the blind lead the blind , and if they goe on , both will certainely into the ditch . for my selfe , i am ( and i acknowledge it in all humility ) a most greivous sinner many waies , by thought , word , and deed , and i cannot doubt , but that god hath mercy in store for me ( a poore penitent ) as well as for other sinners , i have now upon this sad occasion , ransacked every corner of my heart , and yet ( i thanke god ) i have not found ( among the many ) any one sinne which deserves death by any knowne law of this kingdome ; and yet hereby i charge nothing upon my iudges ; for if they proceed upon proofe ( by valuable witnesses ) i or any other innocent , may be justly condemned ; and i thanke god ) though the weight of the sentence lye heavie upon me , i am as quiet within , as ever i was in my life . and though i am not only the first archbishop , but the first man that ever dyed by an ordinance of parliament , yet some of my predecessors have gone this way , though not by this meanes ; for elphegus was hurried away and lost his head by the danes ; and symon sudbury in the fury of wat tyler and his fellowes ; before these , saint jon baptist had his head danced off by a lewd woman ; and saint cyprian , archbishop of carthage , submitted his head to a persecuting sword . many examples ( great and good ) and they teach me patience ; for i hope my cause in heaven will looke of another dye , then the colour that is put upon it here . and some comfort it is to me , not only that i goe the way of these great men in their severall generations , but also that my charge ( as fowle as 't is made ) lookes like that of the jewes against saint paul ( acts. 25.3 . ) for he was accused for the law and the temple , i. e. religion ; and like that of saint stephen ( acts 6.14 . ) for breaking the ordinances which moses gave , i. e. law and religion , the holy place and the temple ( verse . 13. ) but you will say , doe i then compare my selfe with the integrity of saint paul , and saint stephen ? no , farre be that from me ; i only raise a comfort to my selfe , that these great saints and servants of god were laid at in their times , as i am now . and 't is memorable , that saint paul who helped on this accusation against saint stephen : did after fall under the very same himselfe . yea , but here 's a great clamour that i would have brought in popery ; i shall answer that more fully by and by ; in the meane time you know what the pharises said against christ himselfe , if we let him alone , all men will beleive in him , et venient romani , and the romans will come , and take away both our place and the nation . here was a causelesse cry against christ that the romans will come ; and see how just the judgement of god was ? they crucified christ for feare lest the romans should come , and his death was it which brought in the romans upon them , god punishing them with that which they most feared : and i pray god this clamour of venient romani ( of which i have given no cause ) helpe not to bring them in ; for the pope never had such a harvest in england since the reformation , as he hath now upon the sects and divisions that are amongst us , in the meane time , by honour and dishonour , by good report and evill report , as a deceiver and yet true , am i passing through this world , 2 cor. 6.8 . — some particulars also i thinke it not amisse to speake of . and first , this i shall be bold to speake of , the king our gracious soveraign ; he hath bin much traduced also for bringing in of popery ; but on my conscience ( of which i shall give god a very present accompt ) i know him to be as free from this charge , as any man living ; and i hold him to be as sound a protestant ( according to the religion by law established ) as any man in this kingdome ; and that he will venture his life as farre , and as freely for it ; and i thinke i doe , or should know , both his affection to religion , and his grounds for it , as fully as any man in england . the second particular is concerning this great and populous city , ( which god blesse . ) here hath beene of late , a fashion taken up , to gather hands , and then goe to the great court of this kingdome , ( the parliament ) and clamour for iustice , as if that great and wise court , before whom the causes come , ( which are unknowne to the many ) could not , or would not doe iustice , but at their appointment . a way , which may endanger many an innocent man , and plucke his bloud upon their owne heads , and perhaps upon the citie 's also : and this hath beene lately practised against my selfe ; [ the magistrates standing still , and suffering them openly to proceed from parish to parish without checke ; ] god forgive the setters of this ( with all my heart i begge it ) but many well meaning people are caught by it . in saint stephen's case , when nothing else would serve , they stirred up the people against him ; and herod went the same way , when he had killed saint james , yet he would not venture upon saint peter , till he found how the other pleased the people . but take heed of having your hands full of bloud , for there is a time ( best knowne to himselfe ) when god ( above other sinnes ) makes inquisition for bloud , and when that inquisition is on foot , the psalmest tells us , that god remembers ( but that 's not all ) he remembers and forgits not the complaint of the poore , that is , whose bloud it shed by oppression , vers. 9. take heed of this , 't is a fearefull thing to fall into the hands of the living god , but then especially , when he is making inquisition for bloud ; and ( with my prayers to avert it ) i doe heartily desire this city to remember the prophesy that is expressed , jer. 26.15 . the third particular is the poore church of england . it hath flourished and beene a shelter to other neighbouring churches , when stormes have driven upon them . but , alas , now 't is in a storme it selfe , and god onely knowes whether , or how it shall get out ; and ( which is worse then a storme from without ) it 's become like an oake cleft to shivers with wedges made out of it's owne body , and at every cleft prophanenesse and irreligion is entring in , while as prosper speakes ( in his second book de vitae contemptu , cap. 4. ) men that introduce prophanenesse are cloaked over with the name religionis imaginariae , of imaginary religion ; for we have lost the substance and dwell to much in opinion , and that church which all the iesuits machinations could not ruine , is fallen into danger by her owne . the last particular ( for i am not willing to be too long ) is my selfe ; i was borne and baptized in the bosome of the church of england established by law ; in that profession i have ever since lived , and in that i come now to dye ; this is no time to dissemble with god , least of all in matter of religion ; and therefore i desire it may be remembred , i have alwaies lived in the protestant religion , established in england , and in that i come now to dye . what clamours and slanders i have endured for labouring to keepe a vniformity in the externall service of god , according to the doctrine and discipline of this church , all men know , and i have abundautly felt . now at last i am accused of high treason in parliament : a crime which my soule ever abhorred ; this treason was charged to consist of these two parts , an endeavouor to subvert the lawes of the land , and a like endeavur to overthrow the 〈◊〉 protestant religion established by law . besides my answers to the severall charges , i protested my innocency in both houses . it was said prisoners protestations at the barre must not be taken . i can bring no witnesse of my heart and the intentions thereof , threfore i must come to my protestation not at the barre , but my protestation at this houre and instant of my death ; in which i hope all men will be such charitable christians , as not to thinke i would dye and dissemble , being iustantly to give god an accompt for the truth of it : i doe therefore here in the presence of god , and his holy angels , take it upon my death , that i never endeavoured the subversion either of law or religion ; and i desire you all to remember this protest of mine for my innocency , in these , and from all treasons what soever . i have beene accused likewise as an enemy to parliaments : no , i understand them and the benifit that comes by them too well to be so ; but i did mislike the misgovernments of some parliaments many waies , and i had good reason for it ; for corruptio optimi est pessima , there is no corruption in the world so bad , as that which is of the best thing in it selfe ; for the better the thing is in nature , the worse it is corrupted . and that being the highest court , over which no other have iurisdiction , when 't is mis-informed or misgoverned , the subject is left without all remedy . but i have done , i forgive all the world , all and every of those bitter enemies which have persecuted me , and humbly desire to be forgiven of god first , and then of every man , whether i have offended him or not , if he doe but conceive that i have , lord doe thou forgive me , and i begge forgivenesse of him . and so i heartily desire you to joyne in prayer with me . o eternall god and mercifull father , looke downe upon me in mercy , in the riches and fullnesse of all thy mercies look upon me ; but not till thou hast nailed my sinnes to the crosse of christ , not till thou hast bathed me in the bloud of christ , not till i have hid my selfe in the wounds of christ : that so the punishment due unto my sinnes may passe over me . and since thou art pleased to try me to the uttermost , i humbly beseech thee give me now in this great instant , full patience , proportionable comfort , and a heart ready to dye for thy honour , the king's happinesse , and this churches preservation . and my zeale to these ( farre from arrogancy be it spoken , ) is all the sinne ( humane frailty excepted and all incidents thereto . ) which is yet knowne to me in this particular , for which i now come to suffer ; i say in this particular of treason ; but otherwise my sinnes are many and great : lord pardon them all , and those especially ( what ever they are ) which have drawne downe this present judgement upon me : and when thou hast given me strength to beare it , doe with me as seems best in thine owne eyes : and carry me through death that i may looke upon it in what visage soever it shall appeare to me , amen . and that there may be a stop of this issue of bloud , in this more then miserable kingdom , ( i shall desire that i may pray for the people too , aswell as for my selfe ) o lord , i beseech the ; give grace of repentance to all bloud-thirsty people ; but if they will not repent , o lord confound all their devices , defeat and frustrate all their designes and endeavors upon them , which are or shall be contrary to the glory of thy great name , the truth and sincerity of religion , the establishment of the king and his posterity after him in their just rights and priviledges , the honour and conservation of parliaments in their just power , the preservation of this poore church in her truth , peace , and patrimony , and the settlement of this distracted and distressed people under their ancient lawes , and in their native liberties . and when thou hast done all this in meere mercy for them . o lord , fill their hearts with thankefulnesse , and with religious dutifull obedience to thee and thy commandements all their daies : so amen , lord iesus amen , and receive my soule into thy bosome amen . our father which art , &c. the speech and prayers being ended , he gave the paper which he read unto . doctor sterne , desiring him to shew it to his other chaplaines , that they might know how he departed out of this world , and so prayed god to shew his mercies and blessings on them . and noting how one hinde had employed himselfe in taking a copy of his speech as it came from his mouth ; he desired him not to doe him wrong in publishing a false or imperfect copy . which as hinde promised him to be carefull of , calling for punishment from above if he should doe otherwise ; so hath he reasonably well performed his promise : the alterations or additions which occurre therein , being perhaps the worke of those who perused his papers , and were to authorise them to the publicke view , to fit it more unto the palat of the city faction , and make it more consistent with the credit of those guilty men , who had voted to his condemnation . this done , he next applied himselfe to the fatall blocke , as to the haven of his rest . but finding the way full of people , who had placed themselves upon the theatre to behold the tragedy , he desired he might have roome to dye , beseeching them to let him have an end of his miseries , which he had endured very long . all which hee did with so serene and calme a minde , as if he had beene rather taking order for another mans funerall , then making way unto his owne . being come neare the blocke , he put off his doublet , and used some words to this effect . gods will be done , i am willing to goe out of this world , no man can be more willing to send me out of it . and seeing through the chinkes of the boards that some people were got under the scaffold , about the very place where the blocke was seated , he called on the officers for some dust to stop them , or to remove the people thence , saying it was no part of his desires , that his bloud should fall upon the heads of the people . never did man put off mortality with a brave courage , nor looke upon his bloudy and malicious enemies with more christian charity . and thus farre he was gone in his way towards paradise with such a primitive magnanimity , as equalled , if not exceeded the example of ancient martyrs , when he was somwhat interrupted in his quiet passage by one sir iohn clotworthy , a fire-brand brought from ireland by the earle of warwicke to increase the combustions in this kingdome . who finding that the mockings and revilings of malicious people had no power to move him , or sharpen him into any discontent or shew of passion ; would needes put in , and try what he could do with his spunge and vinegar , and stepping to him neare the block , asked him , ( with such a purpose as the scribes and pharisees used to propose questions to our lord and saviour ) not to learne by him but to tempt him , or to expose him to some disadvantage with the standers by , what was the comfortablest saying which a dying man could have in his mouth . to which he meekely made this answer , cupio dissolvi & esse cum christo ; i. e. i desire to bee dissolv'd and to bee with christ . being asked againe what was the fittest speech a man could use , to expresse his confidence and assurance ; he answered with the same spirit of meeknesse , that such assurance was to be found within , and that no words were able to expresse it rightly . which when it would not satisfie the troublesome and impertinent man ( who aimed at something else then such satisfaction ) unlesse hee gave some word , or place of scripture , whereupon such assurance might bee truely founded ; hee used some words to this effect , that it was the word of god concerning christ , and his dying for us . and so without expecting any further questions ( for hee perceived by the manner of sir iohn's proceedings , that there would bee no end of his interruptions , if he hearkned any longer to him ) he turned towards his executioner ( the gentler and discreeter man of the two ) and gave him mony , saying , without the least distemper or change of countenance , here , honest freind , god forgive thee , and doe thy office upon mee with mercy , and having given a signe when the blow should come , he kneeled down upon his knees , and prayed as followeth . the lord arch-bishops prayer , as hee kneeled by the blocke . lord , i am comming as fast as i can , i know i must passe through the shadow of death , before i can come to see thee . but it is but umbra mortis , a meere shadow of death , a little darknesse upon nature ; but thou by thy merits and passion hast broke through the jawes of death . so , lord receive my soule , and have mercy upon mee , and blesse this kingdome with peace and plenty , and with brotherly love and charity , that there may not bee this effusion of christian blood amongst them , for jesus christ's sake , if it bee thy will . then laying his head upon the blocke , and praying silently to himselfe , he said aloud , lord receive my soule , which was the signall given to the executioner , who very dextrously did his office , and tooke it off at a blow : his soule ascending on the wings of angels into abrahams bosome , and leaving his body on the scaffold , to the care of men . a spectacle so unpleasing unto most of those who had desired his death with much heat and passion , that many who came with greedy eyes to see him suffer , went backe with weeping eyes when they saw him dead ; their consciences perhaps bearing witnesse to them , as you know whose did , that they had sinned in being guilty of such innocent blood . of those , whom onely curiosity , and desire of novelty brought thither to behold that unusuall sight , many had not the patience to attend the issue , but went away assoon as the speech was ended ; others returned much altered in the opinion which before they had of him , and bettered in their resolutions towards the king and the church , whose honour and religious purposes they saw so clearely vindicated by this glorious martyr . and for the rest ( the most considerable , though perhaps the smallest part of that great assembly ) as they came thither with no other intentiō , then to assist him with their prayers , to imbalme his body with their teares , and to lay up his dying speeches in their hearts and memories : so when they had performed those offices of christian duty , they comforted themselves with this , that as his life was honourable , so his death was glorious , the pains whereof were short and momentany to himselfe , the benefit like to be perpetuall , unto them and others , who were resolved to live and dye in the communion of the church of england . but to proceed ( for i have some few things to note ) it was observed , that whereas other men , when they come to the blocke , use to looke pale , and wan , and ghastly , and are even dead before the blow , he on the contrary seemed more fresh and cheerfull , then he had done any part of the day before : a cleare and gallant spirit being like the sunne , which shews greatest alwayes at the setting . and as the scripture telleth us of saint stephen the proto martyr , that whilst he spake his last oration before the chiefe priests and elders of the iewes , they of the counsell looking stedfastly upon him , saw his face as it had beene the face of an angell : so was it generally observed , not without astonishment , that all the while our martyr prayed upon the blocke , the sunne which had not showne it selfe all the day till then , did shine directly on his face , which made him looke most comfortably ( that i say not gloriously ) but presently as soone as the blow was given , withdrew behinde a cloud againe , and appeared no more , as we are credibly advertised by good hands from london , though it be otherwise reported in their weekly pamphlets . and if the bodies of us men be capable of any happinesse in the grave , he had as great a share therein , as he could desire , or any of his friends expect : his body being accompanied to the earth with great multitudes of people , whom love , or curiosity , or remorse of conscience had drawne together , purposely to performe that office , and decently interred in the church of all hallowes barking ( a church of his owne patronage and jurisdiction ) according to the rites and ceremonies of the church of england . in which it may be noted , as a thing remarkable , that being whilst he lived the greatest champion of the common-prayer-booke , here by law established , he had the honour being dead , to be buried in the forme therein prescribed , after it had beene long disused , and reprobated in most churches of london . nor need posterity take care to provide his monument . hee built one for himselfe whilst he was alive : it being well observed by sir edw. dering ( one of his most malicious enemies , and hee who threw the first stone at him , in the beginning of this parliament ) that saint pauls church will be his perpetuall monument , and his owne booke ( against the iesuite ) his lasting epitaph . thus dyed this most reverend , renowned , and religiour prelate : when he had lived 71 yeares , 13 weekes , 4 dayes ; if at the least he may be properly said to dye , the great example of whose vertue shall continue alwaies , not only in the mindes of men , but in the annals of succeeding ages , with renowne and fame . but how he lived , what excellent parts he was composed of , and how industriously he imployed those parts , for the advancement of gods honour , his soveraignes power and safety , and the churches peace , will be a worke becomming a more able pen ; unto whose care and diligence i commend the same . and so i leave him to that comfort which the psalmist gives him , and 't is the greatest comfort can befall those men , which have beene tortured on the racke of malicious tongues : viz. the righteous shall be had in everlasting remembrance , and shall not be afraid of any evill report . ps. 112. v. 6.7 . horat. carm. l. 4. ode . 8. dignum laude virum musa vetat mori . and yet not leave thee thus , i faine would try a line or two in way of elegie ; and waile so sad a losse , if to expresse the greatnesse of it would not make it lesse : if to lament thee might not vex thee more , then all the scornes thou hast endur'd before ; and make thee thinke we envied thee thy start , or doubted that thou wer 't not what thou art . yet , with thy leave , i needs must droppe a verse , write it with teares , and fit it for thy herse ; and at this distance from thy grave , which lacks the pompes of sorrow , hang my heart with blacks . religious prelate , what a calme hast thou i' th midst of all those turbulent stormes , which now shipwrack this island ? at how cheape a rate hast thou procur'd this change of thy estate ? the mitre for a crowne , a few poore dayes for endlesse blisse , vile earth for heavenly joyes ! such glories hast thou found , such alteration , in this thy highest , as thy last translation . how were thine enemies deceiv'd , when they advanc'd thee thus , and chalk'd thee out the way ; a way so welcome to thee ! no divine but knowes the red sea leads to palestine ; and that since jesus sanctified the crosse , death 's the best purchase , life the greatest losse . nor be thou griev'd , bless't soule , that men doe still pursue thee with blacke slaunders , and doe kill thy shadow now , and trample on thy ghost , ( as hectors carcasse by the grecian host ; ) or that thou want'st inscriptions , and a stone t' ingrave thy name , and write thy titles on . thou art above those trifles , and shalt stand as much above mens malice . though the hand of base detraction practice to defame thy spotlesse vertues , yet impartiall fame shall doe thee all just honours , and set forth to all succeeding times thy matchlesse worth . no annals shall be writ but what relate thy happy influence both on church and state ; thy zeale to publicke order , thy great parts for all affaires of weight , thy love to arts : and to our shame and his great glory , tell for whose deare sake , by whose vile hands he fell ( a death so full of merits , of such price , to god and man so sweet a sacrifice ; as by good church-law may his name preferre to a fixt rubrick in the calender . and let this silence the pure sect's complaint , if they make martyrs , we may make a saint . ) or should men envy thee this right , thy praise an obelisque unto it selfe can raise . thy brave attempt on pauls in times to come shall be a monument beyond a tombe . thy booke shall be thy statua , where we finde the image of thy nobler part , thy minde . thy name shall be thine epitaph ; and he which hear's or read's of that , shall publish thee above the reach of titles , and shall say none could expresse thy worthes a braver way . and thus though murder'd , thou shalt never dye , but live renown'd to all posterity . rest thou then happy in sweets of blisse , th'elyzian fields , the christians paradise ▪ exempt from worldly cares , secure from feares , and let us have thy prayers , as thou our teares . ad regem carolum . multis ille bonis flebilis occidit , nulli ●●ebilior , quam tibi , carole . horat. carm. l. 1. ode . 24. finis . notes, typically marginal, from the original text notes for div a43512e-140 justin. hist. l. 11. 1 cor. 15 52. opt. de schis. donatist . l. 1. decemb. 18. 1640. march . 1. 1640 matth. 13.14 . m●●t . 27.24 octob 26 and novemb. 16. 1642. may 9. 1643. as may 15. 1642. oct 23. 16. 1. nov. 8. 1642. jan. 5. 1642. may 16. 1643. may 9. 1643. may 31. 1643. dan. 1.13 . april 25. 1643. in his epistle to the breviate . luke 22.31 . mat. ●7 . v. 18.22 , 23 , 24.36 . act. 23. v. 13.20.23 , &c. declaration about the twentieth part . magna ch. c. 1. magn. chart. c. 29.28 edw. 3. and the petition of right . magn. chart. c. 29.28 edw. 3. ibid. 25 edw. 3. plutarch in alexandr● . fridy jan. 10. 1644. 1 pet. 2.23 . judg. 21.30 . ezod. 12.8 . joh. 19.11 luk. 22 , 4● . dan. 3. luk. 6.36 . joh. 11.48 . reader the words included [ ] are left out in the speech published by hinde . acts 6.12 . isa. 1.15 . psal. 9.12 . heb. 12. se the words at large in the tittle of this relation . the arch bishops prayer upon the scaffold . acts 6.15 in his book of speeches . the doctrine of the sabbath· delivered in the act at oxon. anno, 1622. by dr. prideaux his majesties professour for divinity in that vniversity. and now translated into english for the benefit of the common people. prideaux, john, 1578-1650. 1634 approx. 77 kb of xml-encoded text transcribed from 31 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase 1, no. a10094) transcribed from: (early english books online ; image set 15644) images scanned from microfilm: (early english books, 1475-1640 ; 1183:15) the doctrine of the sabbath· delivered in the act at oxon. anno, 1622. by dr. prideaux his majesties professour for divinity in that vniversity. and now translated into english for the benefit of the common people. prideaux, john, 1578-1650. heylyn, peter, 1600-1662. [20], 41, [3] p. printed by e[lizabeth] p[urslowe] for henry seile, and are to be sold his shop at the signe of the tygers-head. in st. pauls church-yard, london : 1634. translated by peter heylyn. printer's name from stc. the first leaf and the last leaf are blank. printer's device (mck. 310 or 311) on t.p. running title reads: of the sabbath. reproduction of the original in the henry e. huntington library and art gallery. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng sabbath -early works to 1800. sunday -early works to 1800. 2002-08 tcp assigned for keying and markup 2002-09 spi global keyed and coded from proquest page images 2002-10 rina kor sampled and proofread 2002-10 rina kor text and markup reviewed and edited 2002-12 pfs batch review (qc) and xml conversion the doctrine of the sabbath . delivered in the act at oxon. anno , 1622. by dr. prideavx his majesties professour for divinity in that vniversity . and now translated into english for the benefit of the common people . mark . 2.27 . the sabbath was made for man , and not man for the sabbath . london , printed by e. p. for henry seile , and are to be sold at his shop at the signe of the tygers-head ▪ in st. pauls church-yard , 1634. the preface of the translator , to the christian reader . of all the controversies which have exercised the church of christ , there is none more ancient than that of the sabbath : so ancient , that it tooke beginning even in the infancy of the church , and grew up with it . for as we read in the acts , there rose up certain of the sect of the pharises , which beleeved , saying , that it was needfull to circumcise the people , and to command them to keepe the law of moses ; whereof the sabbath was a part : which in the generall , as the apostles laboured to suppresse , in the first generall councell holden in ierusalem : so did s. paul , upon occasion of whose ministry this controversie first began , endeavour what he could against this particular . sharply reproving those which hallowed yet the iewish sabbath , and observed dayes , and moneths , and times , as if he had bestowed his labour in vaine upon them . but more particularly in his epistle to the colossians , let no man judge you in respect of an holy day , or of the new moone , or of the sabbath dayes ; which were a shadow of things to come , but the body is of christ. both which expressions of s. paul , are in this following discourse produced to this very purpose . yet notwithstanding all this care , both generally of the apostles , and more especially of s. paul , to suppresse this errour ; it grew up still , and had it's patrons and abettours . ebion and cerinthus , two of the wretchedst hereticks of the primitiue times , and after them apollinaris , are said to countenance and defend it ; which , doubtlesse made the ancient fathers declare themselves more fully in it , as a dangerous point ; which seemed to confirme the iewes in their incredulity , and might occasion others to make question of our saviours comming in the flesh . hence was it , that irenaeus , iustin martyr , tertullian and eusebius , men of renowne for learning in the primitive times ( three of the which are cited in the text of this following discourse , and the fourth quoted in the margin ) affirme for certaine , that never any of the patriarks before moses law , did observe the sabbath : which questionlesse they must have done , had that law beene morall , and dictated by nature , as now some teach us . afterwards by the opposition made by epiphanius , in his confutation of the heresies of the ebionites ; and by the resolutions of theodoret , on the 20. of ezekiel , procopius gazeus , on the second of genesis , by damascen , and our venerable bede ( which two last are here also cited , sect. the 2. ) concurring with the former fathers ; all talke and observation of the iewish sabbath vanished utterly ; and the lords day , which had from the apostles times beene instituted by the church , in the place thereof , was hallowed , without any rivall . nor doe i finde , but that all superstitious fancies about that day , were as wholly abrogated , as the day it selfe . save that saint gregory tells us , how some in rome were so superstitious in this kinde , that they would neither worke upon the saturday , no , nor so much as wash upon the sunday , but after , in the darker times , as it is thought by some , peter de bruis the founder of the petrobusians ( he was burnt for heresie anno 1126. ) began to draw too deepe on these lees of iudaisme ; which here our doctor intimates in the 7. sect. where he joynes the petrobusian with the ebionites , who indeed were iewish in this point . and possibly , from the remainders of this doctrine , fulco a french priest , and a notable hypocrite , as our king richard counted him , lighted upon a new sabbatarian speculation , which afterwards eustachius one of his associates dispersed in england : i call it new , as well i may . for whereas moses gave commandement to the iewes , that they should sanctifie one day onely of the weeke , viz. that seventh whereon god rested : they taught the people that the christian sabbath was to begin on saturday at three of the clock , and to continue till sun-rising on the munday morning : during which latitude of time , it was not lawfull to doe any kinde of worke what ever , no not so much as to bake bread on saturday for the sundayes eating ; to wash or dry linnen for the morrowes wearing . yea , they had miracles in store ▪ pretended to be wrought on such as had not yeelded to their doctrine ; thereby to countenance the superstitious , and confound the weake . and which was more than this , for the authoritie of their device , they had to shew a letter sent from god himselfe , and left prodigiously over the altar in saint simeons church in golgatha : wherein this sabbatarian dreame was imposed forsooth upon all the world , on paine of diverse plagues and terrible comminations , if it were not punctually observed . the letter is at large repeated by roger de hoveden ; and out of him , as i suppose , by matth. paris : who doe withall repeat the miracles , whereby this doctrine was confirmed . i adde no more but this , that could i either beleeve those miracles , which are there related : or saw i any now , like those , to countenance the reviving of this strange opinion ( for now it is revived and published : ) i might perhaps perswade my selfe to entertaine it . but to proceed . immediately upon the reformation of religion in these westerne parts , the controversie brake out afresh ; though in another manner than before it did . for there were some of whom calvin speakes , who would have had all daies alike , all equally to bee regarded ; ( hee meanes the anabaptists , as i take it ) and reckoned that the lords day as the church continued it , was a iewish ceremonie . affirming it to crosse the doctrine of saint paul , who in the texts before remembred , and in the 14. to the rom. did seeme to them , to crie downe all such difference of dayes and times , as the church retained . to meete which vaine and peccant humor , calvin was faine to bend his forces ; declaring how the church might lawfully retaine set times for gods solemne service , without infringing any of s. pauls commandements . but on the other side , as commonly the excesse is more exorbitant than the defect , there wanted not some others , who thought they could not honour the lords day sufficiently , unlesse they did affixe as great a sanctitie unto it , as the iewes did unto their sabbath . so that the change seemed to be onely of the day ; the superstition still remayning no lesse iewish , than before it was . these taught , as now some doe , moralem esse unius diei observationem in hebdomada , the keeping holy to the lord one day in seven , to be the morall part of the fourth commandement : which doctrine , what else is it , ( so hee proceedes , and here the doctor so repeates it in his third section ) than in contempt of the iewes to change the day , and to affixe a greater sanctitie unto the day , than those ever did ? as for himselfe , so farre was hee from favouring any such wayward fancie , that as john barclay makes report , hee had a consultation once , de transferenda solennitate dominica in feriam quintam , to alter the lords day from sunday unto thursday . how true this is i cannot say . but sure it is , that calvin tooke the lords day to be an ecclesiasticall and humane constitution onely , quem veteres in locum sabbati subrogarunt , appointed by our ancestors to supply the place of the iewish sabbath : and ( as our doctor tells us from him in his seventh section ) as alterable by the church at this present time , as first it was , when from the saturday they translated it unto the sunday . so that we see , that calvin here resolves upon three conclusions : first , that the keeping holy of one day in seven , is not the morall part of the fourth commandement : secondly , that the day was changed from the last day of the weeke unto the first , by the authoritie of the church , and not by any divine ordinance : and thirdly , that the day is yet alterable by the church , as at first it was . neither was hee the onely one that hath so determined . for , for the first , that to keepe holy one day of seven , is not the morall part of the fourth commandement , our doctor hath delivered in the third section , that not tostatus onely , but even aquinas , and with him all the schoolemen , have agreed upon it . nor was there any that opposed it in the schooles of rome , that i have met with , till catharinus tooke up armes against tostatus : affirming , but with ill successe , that the commandement of the sabbath was imposed on adam in the first cradle of the world ; there where the lord is said to blesse the seventh day and sanctifie it . which fancie , by our author is rejected , and the opinion of tostatus justified against him , though he name him not . as for the protestant schooles , besides what is affirmed by calvin , and seconded by the doctor in this following discourse ; this seemes to be the judgement of the divines of the low-countries . francisc. gomarus , one knowne sufficiently for his undertakings against arminius , published anno 1628. a little treatise about the originall of the sabbath , and therein principally canvassed these two questions : first , whether the sabbath were ordained by god , immediately on the creation of the world : the second , whether all christians are obliged by the fourth commandement , alwayes to set apart one day in seven , to gods holy worship : both which hee determines negatively . and doctor ryvet , one of the foure professors in leiden , although he differs in the first , yet in the second , which doth most concerne us christians , they agree together : affirming also jointly , that the appointing of the lords day for gods publike service , was neither done by god himselfe , nor by his apostles , but by authoritie of the church . for seconds , gomarus brings in vatablus , and wolfgangus musculus ; and ryvet voucheth the authoritie of our doctor here . for so gomarus , in the assertion and defence of the first opinion against this ryvet ; de quibus etiam cl. & doct. d. prideaux in oratione de sabbato consensionem extare , eodem judicio [ by ryvets information ] libenter intelleximus . i will adde one thing onely , which is briefely this . the hollanders , when they discovered fretum le maire , anno 1615. though they observed a most exact account of their time at sea ; yet at their comming home , they found , comparing their account with theirs in holland , that they had lost a day ; that which was sunday to the one , being munday to the other . which of necessitie must happen , as it is calculated by geographers , to those that compasse the world from west to east : as contrarie , they had got a day , had they sayled in eastward . and now what should these people doe when they were return'd ? if they must sanctifie precisely one day in seven , they must have sanctified a day apart from their other countrymen , and had a sabbath by themselves ; or to comply with others , must have broken the morall law , which must for no respects be violated . see more hereof at large in carpenters geogr. p. 237. &c. next , for the second thesis , that the alteration of the day is onely an humane and ecclesiasticall constitution , the doctor sheweth in the fifth section , the generall consent of all sorts of papists , iesuits , canonists , and schoolemen ; of some great lutherans by name ; and generally , of the remonstrant or arminian divines in their confession : whose tendries in this point , wee may conceive with reason not to be different from the doctrine of the belgick churches ; in that the foure professors of leiden , in their examination or review of that confession , have passed them over without note or opposition . to these besides , are added diverse of our owne ; & e nostris non pauci , as hee speakes it in the generall ; i. e. as i conceive his meaning , such as are neither of the lutheran nor arminian partie . of which , since hee hath instanced in none particularly , i will make bold to borrow two or three testimonies out of the tractate of gomarus , before remembred . and first he brings in bullinger , who in his comment on the first of the revelation calls it ecclesiae consuetudinem , an ecclesiasticall ordinance ; and after addes , sponte ecclesiae receperunt illam diem , &c. the church did of its owne accord agree upon that day , for wee reade not any where that it was commanded . next vrsinus , telling us that god had abrogated the iewish sabbath ; addes presently , that he left it free unto the church , alios dies eligere , to make choice of any other day to be selected for his service ; and that the church made choice of this , in honour of our saviours resurrection . zanchius affirmes the same . nullibi legimus apostolos , &c. we reade not any where ( saith he ) that the apostles did command this day to be observed in the church of god ; onely we finde what the apostles and others of the faithfull used to doe upon it , liberum ergo reliquerunt : which is an argument , that they left it wholly unto the disposition of the church . aretius , simler , dav. paraeus , and bucerus , which are all there alledged , might bee here produced , were not these sufficient ; adde hereunto the generall consent of our english prelates , the architects of our reformation in the time of king edward the sixth ; who in the act of parliament about keeping holy dayes , have determined thus , together with the rest of that grand assembly ; viz. neither is it to be thought that there is any certaine time , or definite number of dayes , prescribed in holy scripture , but that the appointment both of the time and also of the number of the dayes , is left by the authority of gods word , to the authority of christs church , to bee determined and assigned orderly in every country by the discretion of the rulers and ministers thereof , as they shall judge most expedient to the true setting forth of gods glory , and edification of the people . which preamble is not to bee understood of holy dayes , or of saints dayes onely ( whose being left the authority of the church was never questioned ) but of the lords day also : as by the body of the act doth at full appeare . last of all for the third and last conclusion , that still the church hath power to change the day , our doctor , in the seventh section , brings in bullinger , bucer , brentius , vrsinus , and chemnitius , aliisque nostris , with diverse others not named particularly , as they are ; which thinke no otherwise thereof than calvin did , and shewes by what distinction suarez , though otherwise no friend unto the men , doth defend their doctrine : now as the doctrine was , such also is the practise of those men and churches , devoyd of any the least superstitious rigour ; esteeming it to be as a day left arbitrary , and therefore open to all honest exercises and lawfull recreations ; by which the minde may be refreshed , and the spirits quickned . even in geneva it selfe , according as it is related in the inlargement of boterus by robert iohnson , all honest exercises , shooting in peeces , long-bowes , crosse-bowes , &c. are used on the sabbath day , and that both in the morning , before and after the sermon ; neither doe the ministers finde fault therewith , so that they hinder not from hearing of the word at the time appointed . dancing indeed they doe not suffer ; but this not in relation to the sunday , but the sport it selfe , which is held unlawfull , and generally forbidden in the french churches . which strictnesse , as some note , considering how the french doe delight in dancing , hath beene a great hinderance to the growth of the reformed religion in that kingdome . which being so , the judgement and the practise of so many men , and of such severall perswasions in the controverted points of the christian faith , concurring so unanimously together : the miracle is the greater , that wee in england should take up a contrary opinion , and thereby separate our selves from all that are called christian . yet so it is , i skill not how it comes to passe , but so it is , that some amongst us have revivd againe the iewish sabbath , though not the day it selfe , yet the name and thing . teaching that the commandement of sanctifying every seventh day , as in the mosaicall decalogue , is naturall , morall , and perpetuall ; that whereas all things else in the iewish church were so changed that they were cleane taken away ; this day ( meaning the sabbath ) was so changed , that it still remaineth : and lastly , that the sabbath was not any of those ceremonies which were justly abrogated at christs comming . all which positions are condemned for contrary to the articles of the church of england : as in a comment on those articles , perused and by the lawfull authority of the church allowed to bee publike , is most cleere and manifest . which doctrinals though dangerous in themselves , and different from the judgement of the ancient fathers , and of the greatest clerks of the latter times , are not yet halfe so desperate , as that which followeth thereupon , in point of practise . for these positions granted , and entertained as orthodox , what can we else expect ; but such strange paradoxes , as in consideration of the premises , have beene delivered from some pulpits in this kingdome ; as viz. that to doe any servile worke or businesse on the lords day , is as great a sinne , as to kill a man , or commit adultery ; that to throw a bowle , to make a feast , or dresse a wedding dinner on the lords day , is as great a sinne , as for a man to take a knife and cuts his childes throat ; that to ring more bells than one on the lords day , is as great a sinne as to commit murder . the author which reports them all , was present when the broacher of the last position was convented for it . and i beleeve him in the rest . the rather , since i have heard it preached in london , that the law of moses , whereby death temporall was appointed for the sabbath-breaker , was yet in force ; and that who ever did the workes of his ordinary calling on the sabbath day , was to dye therefore . and i know also , that in a towne of my acquaintance , the preachers there had brought the people to that passe , that neither baked nor rost-meat , was to bee found in all the parish for a sundayes dinner throughout the yeere . these are the ordinary fruits of such dangerous doctrines ; and against these and such as these , our author in this following treatise doth addresse himselfe , accusing them that entertaine the former doctrinalls , everywhere , of no lesse than iudaisme , and pressing them with that of austin , that they who literally understand the fourth commandement , doe not yet savour of the spirit , section the third . this when i had considered , when i had seriously observed how much these fancies were repugnant both to the tendries of this church , and judgements of all kinde of writers , and how unsafe to be admitted ; i thought i could not goe about a better worke , than to exhibite to the view of my deare countrymen this following treatise ; delivered first , and after published by the author in another language . the rather , since of late the clamour is encreased , and that there is not any thing now more frequent in some zelots mouthes , ( to use the doctors words ) than that the lords day is with us licentiously , yea sacrilegiously prophaned , section the first . to satisfie whose scruples , and give content unto their mindes , i doubt not but this following discourse will be sufficient : which for that cause i have translated faithfully , and with as good proprietie as i could : not swerving any where from the sence ; and as little as i could , from the phrase and letter . gratum opus agricolis : a worke , as i conceive it , not unsutable to the present times : wherein , besides those peccant fancies before remembred , some have so farre proceeded , as not alone to make the lords day subject to the iewish rigours ; but to bring in againe the iewish sabbath , and abrogate the lords day altogether . i will no longer detaine the reader from the benefit hee shall reape hereby : onely i will crave leave , for his greater benefit , to repeat the summe thereof ; which is briefely this : first , that the sabbath was not instituted in the first creation of the world , nor ever kept by any of the ancient patriarkes , who lived before the law of moses : therefore no morall and perpetuall precept , as the others are , sect. 2. secondly , that the sanctifying of one day in seven , is ceremoniall onely , and obliged the iewes ; not morall , to oblige us christians to the like observance , sect. 3. & 4. thirdly , that the lords day is founded onely on the authoritie of the church , guided therein by the practice of the apostles ; not on the fourth commandement , ( which he calls a scandalous doctrine , sect. 7. ) nor any other expresse authoritie in holy scripture , sect. 6. & 7. then fourthly , that the church hath still authoritie to change the day , though such authoritie be not fit to be put in practise , sect. 7. fifthly , that in the celebration of it , there is no such cessation from the workes of labour required from us , as was exacted of the iewes ; but that we lawfully may dresse meat , proportionable unto every mans estate , and doe such other things as be no hinderance to the publike service appointed for the day , sect. 8. sixtly , that on the lords day all recreations whatsoever are to be allowed , which honestly may refresh the spirits , and encrease mutuall love and neighbourhood amongst us ; and that the names whereby the iewes did use to call their festivals ( whereof the sabbath was the chiefe ) were borrowed from an hebrew word , which signifieth to dance , and to be merry , or make glad the countenance . if so : if all such recreations as encrease good neighbourhood ; then wakes , and feasts , and other meetings of that nature . if such as honestly may refresh the spirits ; then dancing , shooting , wrastling , and all other pastimes , not by law prohibited , which either exercise the body , or revive the minds . and lastly , that it appertaines to the christian magistrate to order and appoint , what pastimes are to be permitted , and what are not , ( obedience unto whose commands , is better farre than sacrifice to any of the idols of our owne inventions : ) not unto every private person , ( or as the doctors owne words are ) not unto every mans rash zeale , who out of a schismaticall stoicisme ( debarring men from lawfull pastimes ) doth incline to iudaisme , sect. 8. adde , for the close of all , how doubtingly our author speakes of the name of sabbath , which now is growne so rife amongst us , sect. 8. concerning which , take here that notable dilemma of iohn barklay , the better to incounter those who stil retaine the name , and impose the rigour : cur perro illum diem plerique sectariorum sabbatum appellaetis , &c. what is the cause ( saith hee ) that many of our sectaries call this day the sabbath ? if they observe it as a sabbath , they must observe it , because god rested on that day : and then they ought to keepe that day whereon god rested ; and not the first , as now they doe , whereon the lord began his labours . if they observe it as the day of our saviours resurrection , why doe they call it still the sabbath ; seeing especially that christ did not altogether rest that day , but valiantly overcame the powers of death ? this is the summe of all : and this is all i have to say unto thee ( good christian reader ) in this present businesse . god give thee a right understanding in all things , and a good will to doe thereafter . the doctrine of the sabbath . or , a speech , delivered in the act at oxon . at the proceeding doctors , of christ . greene . io. tolson . tho. iackson . tho. binson . io. harris . in the yeere of christ , 1622. touching the sabbath . levit . 9.30 . yee shall keepe my sabbath , and reverence my sanctuarie : i am the lord. of the sabbath . sect . i. my annuall taske ( learned and courteous auditors ) is ( as you see ) returned againe : whereto being bound ( as i may say ) like titius unto caucasus , i must of necessitie expose my selfe to so many vultures . divinitie tossed with so many stormes , and by her owne unworthily handled , hath not ( which was much feared ) as yet miscarried . behold i and the sonnes which god hath given mee . and though shee doe not glory , as before shee hath done , of a numerous issue ; yet shee is comforted with these few , whose modestie doth promise to supply that want , and hide her nakednesse . it is my office ( as you know ) according to the custome of this place , honestly to dismisse them hence , being now furnished and provided ; after all their labours . and being it is the seventh yeere , since i first attained unto this place ; and that there want not some litigious differences about the sabbath , which have of late disturbed the quiet of the church : i hope it will not seeme unseasonable , ( fathers and brethren ) to speake unto you somewhat of this argument ; and therein rather to explode their errors , who either seeme to tend , on the one side to atheisme , or on the other side to iudaisme , than any way to brand their persons . and that our following discourse may issue from the purer fountaine , we will derive it from the 19. of levit. v. 30. ( which doubtlesse , for the greater certaintie thereof , is againe repeated , cap. 26. v. 2. ) yee shall keepe my sabbaths . now for the first word sabbath , the learned in the hebrew language derive it not from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which being interpreted , is seven , but from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which signifieth to cease , leave off , or rest from labour : and seemes to have affinitie with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to set downe , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to adore , and praise ; all which doe intimate unto us , as well the use of the sabbath , as the duties also of all those who are bound to keepe it . it is not my intent to lay before you such further etymologies , as either are afforded us from plutarch , and the rest of greece ; who fetch it from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to triumph , dance , or make glad the countenance : or from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a sirname of bacchus ; or at the least , some sonne of his , in coelius rhodiginus , ( whence bacchus priests are frequently called sabbi moenades , or saliares , in ancient authors : ) nor from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which is the spleene , from the distempers of the which ( as giraldus thinkes ) the iewes , though very much thereunto inclined , were that day released : nor last of all , from any foule disease in the privie parts , by the aegyptians called sabba ; which fl. iosephus worthily derides in his second booke against appion . it is well knowne from what corrupt channell these derivations have beene drawne by the elder iewes ; who by their bacchanalian rites , gave the world just occasion to suspect , that they did consecrate their sabbath unto revels rather , than gods service . as for these sabbaths , they either were the weekely sabbaths , or those which in the scripture are called sabbaths of yeeres : and these againe , either each seventh yeere , in the which the earth lay fallow ; or every fiftieth yeere , called otherwise the yeere of iubile ; wherein each man returned againe to his owne possession , and inheritance , as the law appointed . there were at least five other meanings of this word , in holy scripture ; of which , consult hospinian in his booke de festis iudaeorum . but for the weekely sabbath mentioned in the decalogue , being it is become to many a rocke of offence ; it will not happily be unwelcome to the wavering mind , so to determine of the point , that they may have something whereupon to fasten . there is not any thing now more frequent in some zelots mouthes , than that the lords day is with us licentiously prophaned : the fourth commandement produced , and expounded literally ; as if it did as much oblige us christians , as once the iewes . and to this purpose all such texts of the old testament , which seeme to presse the rigorous keeping of that day , are alledged at once : and thereupon some men most superstitiously perswaded , neither to kindle fire in the winter time , wherewith to warme themselves ; or to dresse meat for sustentation of the poore , or such as these : which trench not more upon the bounds of christian libertie , than they doe breake the bonds of christian charitie . not so much therefore to abate their zeale , but ( if it may be done ) to direct it rather ; i shall in briefe , and as the time will give me leave , handle especially these three things about the sabbath : first , the institution ; secondly , the alteration of it ; and thirdly , the celebration of the same : that these my sonnes ( together with the rest ) may know the better , how carefully they are to walke in this doubtfull point : neyther diverting on the left hand , with the prophaner sort of people ; nor madly wandering on the right , with braine-sicke persons . sect . ii. and first , the institution of the sabbath is generally referred to god , by all who are instructed by the word of god , that hee created all things , and hath since governed the same . but touching the originall of this institution , and promulgation of the same , it is not yet agreed upon amongst the learned . some fetch the originall thereof from the beginning of the world , when god first blessed the seventh day , and sanctified it . whence well this question may be raysed , whether before the publishing of moses law , the sabbath was to be observed by the law of nature ? they which are commonly more apt to say any thing , than able afterwards to prove it ; maintaine affirmatively , that it was . for what say they , is it not all one , to blesse and sanctifie the seventh day , in the beginning of the world , as to impose it then on the posteritie of adam , to be blest and sanctified ? if all the rest of the commandements flow from the principles of nature , how is this excluded ? can wee conceive , that this onely ceremoniall law crept in , wee know not how , amongst the morals ? or that the prophet moses would have used such care in ordering the decalogue , onely to bring the church into greater troubles . adde hereunto , that torniellus thinkes it hardly credible , that enosh should apart himselfe from the sonnes of cain , to call upon the name of the lord , without some certaine and appointed time for that performance . nor were the frequent sacrifices , as calvin thinks , performed by abraham , and the other patriarkes , without relation to this day . tell mee ( say they ) who can , wherefore , before the publication of the law of moses , there fell no mannah on the seventh day ? had not the sabbath , according to gods first example , beene kept continually , from the foundations of the world. these are indeed such arguments , as make a faire flourish , but conclude nothing . tertullian , a most ancient writer , maintaines the contrarie : doceant adam sabbatizasse , aut abel hostiam deo sanctam offerentem , &c. let them ( sayth hee in a particular tract against the iewes ) assure mee , if they can , that adam ever kept the sabbath ; or abel , when hee offered unto god his accepted sacrifice , had regard thereof ; or that noah kept the same , when hee was busied in preparing of the arke , against the deluge ; or finally , that abraham in offering his sonne isaac ; or that melchisedec , in execution of his priesthood , tooke notice of it . so hee . besides , eusebius doth by this argument , maintaine the ancient patriarkes to have beene christians ( as wee are ) in very truth , though not in name ; because that neyther they nor wee observed the sabbath of the iewes , hist. lib. 1. cap. 4. and thereupon it is affirmed by iustin martyr , in his dialogue with trypho , and bede in his hexameron , that many of those former times were renowned for sanctitie , which neither kept the sabbath , or were circumcised . which also is expressely held by abulensis . it is true , that torniellus doth collect from these words of iob , where wast thou when i layed the foundations of the earth , when the morning starres sung together , and all the sonnes of god shouted for joy , iob . 38.4 , 7. that in the accomplishment of the creation , the angels did observe the sabbath . but then hee addes , that the observance of it heere upon the earth , was not till many ages after . it is true , that calvin hath affirmed , that it may probably be conjectured , that the sanctification of the sabbath was before the law. but many of our later writers are not therewith satisfied : and therefore it concernes them who maintaine the affirmative , to make it good by texts of scripture . sect . iii. for what weake proofes are they , which before were urged ; god blessed the seventh day , and sanctified it ; therefore hee then commanded it to be kept holy by his people . moses , as abulensis hath it , spake this by way of anticipation ; rather to shew the equitie of the commandement , than the originall . enosh might call upon the lord , and abraham offer sacrifice , without relation to a set and appointed time ; oftner , and seldomer , as they had occasion . and as for the not falling of the mannah on the sabbath day , this rather was a preparation to the commandement , than any promulgation of it . for put the case , that iacob on the sabbath had neglected labans flocks ; and that the israelites under pharaoh , had not made up their tale of bricks ; neyther had hee escaped a chiding , nor they the insolent furie of their task-masters . and now , according to the principles of these sabbatarians , what would you counsaile them to doe ? did they observe the sabbath ? they were sure of punishment from man : did they neglect it ? they were sure of vengeance from the lord. vnto such straits are they reduced , who would impose the sabbath , as a perpetuall law of nature , upon the consciences of their poore brethren . some men ( perhaps ) will say , that as the fathers before moses , had gods word amongst them , although not written ; and that it was committed unto writing , when as their severall families were growne into a nationall , and a setled church : even so the sabbath had a voluntarie observation , from the first benediction of the same , in private houses ; which after , when the church was growne , and released from bondage , was imposed thereon , as a commandement . suppose it so : yet still the observation of it , is founded on the fourth commandement ; which , whether it bee naturall and morall , or else ceremoniall , wee must consider more distinctly : for that a meere and perishing ceremonie should equally be ranked amongst morall duties , which are alwayes binding , seemes ( at the first sight ) not to stand with reason . therefore it is resolved on by the wiser sort , that there is in the fourth commandement something morall , and some things ceremoniall ; the circumstances ceremoniall , but the substance morall . it is , as abulensis hath it , a dictate of the law of nature , that some set time bee put apart for gods holy worship : but it is ceremoniall and legall , that this worship should bee restrained eyther to one day of seven , or the seventh day precisely from the worlds creation . a time of rest , is therefore morall ; but the set time thereof , is ceremoniall : which is confessed by those who have stood most on this commandement , and urged it even unto a probable suspition of iudaisme . aquinas also so resolves it : and ( which is seldome seene in other cases , the schooleman ( of what sect soever ) say the same . whereby wee may perceive , in what respects the fathers have sometimes pronounced it to be a ceremonie , and a shadow , and a figure onely . three things hath calvin noted in it , of perpetuall observation : first , rest from labour at some certaine and appointed time , that god the better may worke in us : secondly , holding of publike meetings and assemblies , for the exercise of religious duties : thirdly , the ease and recreation both of our servants and our cattell , which otherwise would be tyred with continuall labour . and three things also are alledged by abulensis , to prove it an unstable and an alterable ceremonie : first , the determining of the day to bee one of seven , or the seventh day precisely from the worlds creation ; next , the commencement and continuance thereof , from evening unto evening ; and lastly , the precise and rigid keeping of it , in not kindling fires , and such like . which , howsoever they bee true , and distinctly shew , what still pertaines to us in sanctifying the lords day aright , and what is abrogated by christs comming : yet since the word affords them not , they rather seeme to set downe somewhat of their owne , than produce any thing from scripture . for granting all that hath beene said , yet i will looke upon the text apart , and aske precisely , what it commands us . first there presents it selfe in the very front , the sanctifying of the sabbath . what sabbath ? the seventh day . how reckoned ? from the first of the creation . but this falls just upon the day of the iewish sabbath : and so to urge this commandement for keeping of the lords day , is to bring in iudaisme . whence truely said saint avstin , quisquis diem illum observat , sicut litera sonat , carnaliter sapit : hee that observes that day , according to the literall sence , is but carnally wise . they therefore are but idly busied , who would so farre enlarge the sabbath , or seventh day in this commandement , as to include the lords day in it ; or so to order their account , as that the sabbath of the iewes should fall iumpe with ours . as if there were an end of christian congregations , in case they were not borrowed from the iewish synagogue ; or that the institution of the lords day were of no effect , were it not strengthened and supported by the fourth commandement . calvin is very round with the like false-teachers . such men ( sayth hee ) as idly thinke the observation of one day in seven to be the morall part of the fourth commandement ; what doe they else , but change the day , as in dishonour of the iewes , retaining in their mindes the former sanctitie thereof . and thereunto hee addes : and certainely wee see what dangerous effects they have produced from such a doctrine ; those which adhere to their instructions , having exceedingly out-gone the iewes , in their grosse and carnall superstitions about the sabbath . but this , the changing of the sabbath to the lords day ( which is next in order to be handled ) will more clearely manifest . sect . iv. thus have wee found the institution of the iewish sabbath in the fourth commandement , confirmed by the example of god himselfe ; and wee have also noted , what is to bee retained therein , as morall : it now remaineth to see , what there is in it ceremoniall , and how abrogated . for if this bee not made apparant , and by evident proofes ; the conscience would bee wavering , and relapse at last to iudaisme . for who ( almost ) would not thus reason with himselfe ? i see a precept , ranked amongst other morall precepts , which doth command mee to observe the seventh day precisely , from the first creation : and since the others are in force , why is not this ? it neyther fits the church , nor mee , to repeale the law of god , at our discretions ; but rather to obey his pleasure . what then advise wee to bee done ? not as some doe ; who urge the words of this commandement so farre , till they draw blood instead of comfort . our saviour best resolves this doubt , saying ; the sabbath was made for man , and not man for the sabbath : and that the sonne of man was lord of the sabbath ; and therefore had authoritie to change it , for mans greater profit ; as the glosse notes it , out of bede . but heere it is objected , that christ came into the world , not to destroy the law , but to fulfill it . to which , wee say with the apostle : doe wee destroy the law by faith ? god forbid : wee confirme it rather . christ then hath put away the shadow , but retained the light , and spreads it wider than before ; shewing thereby , the excellent harmonie betweene the gospel and the law. saint pavl , rom. 14. and gal. 4. doth generally taxe the iewish observation of dayes and times : particularly hee sheweth us , that the sabbath is abrogated , coloss. the second : let no man judge you ( sayth hee ) in meates and drinkes , or in respect of an holy day , or of the sabbath , which were the shadow of things to come , but the body is of christ . let no man judge you ; i. e. let none condemne you , if you keepe them not : because those shadowes altogether vanished , at the rising of the sunne of righteousnesse . as therefore nature requires meates and drinkes ; but for the choyse thereof , wee are left free , to christian libertie : so reason tells us , that there must be some certaine time appointed for gods publike service ; though from the bondage and necessitie of the iewish sabbath , wee are delivered by the gospel . since then wee see the abrogation of the iewish sabbath ; let us consider , by what right the lords day hath succeeded in the place thereof : wherein i must of force passe over many things , which are at large discussed by others . for to what purpose should i fall upon the anabaptist , the familist , and swencfeldian ? who making all dayes equall , and equally to be regarded , instead of christian libertie , would bring into the church an heathenish licentiousnesse : or else exclaime against the sabbatarians of this age , who by their sabbath-speculations would bring all to iudaisme . iosephus tells us of a river in the land of palestine , that is called sabbaticus ; which being drie sixe dayes , doth on the seventh fill up his channell , and runne very swiftly ▪ contrarie , plinie ; that it runnes swiftly all the sixe dayes , and is drie onely on the seventh . baronius takes iosephus part . the rabbins ( who would prove from hence their sabbath ) take part with plinie . plainely baronius was deceived , as casaubon hath truly noted , by a corrupt copie of iosephus . but howsoever , for the rabbins , they are thus silenced by galatinus . si fluvius ille dum erat , &c. in case ( sayth hee ) that river whiles it was in being , was a good argument that the iewish sabbath was to be observed ; now , since there is no such river extant , it is a better argument , that their sabbath is not any where to be regarded . our fanatick and peevish spirits it were best to send , to make enquirie for this river ; while in meane time wee doe unfold , and for as much as in us is , compose the differences , which have beene raysed in this point , amongst wiser heads . sect . v. they then which are perswaded , that the lords day succeedes in place of the iewish sabbath , affirme it eyther as established by the law of god , and of divine authoritie ; or introduced by ecclesiasticall constitution . they which pretend the first , eyther derive their arguments more weakely , from the old testament ; or else more warily , from the new : and from the old testament they produce two arguments ; one , borrowed from the sanctification of the seventh day , in the first creation of the world ; the other , from the institution of the sabbath , in the fourth commandement . of those which build upon the constitution of the church , some doe affirme it absolutely ; as doe the papists and arminians ; as may bee made apparant out of the iesuites , canonists , and schoole-men , and the confession of the remonstrants . to whom adde brentius , on levit. 23. chemnitius , in his common places ; and of our owne writers , not a few . others so fortifie and corroborate this constitution ecclesiasticall , as if the church did onely publish and continue that , which by the apostles was first ordered . but ( as it seemeth to mee ) these differences are of no great moment : save that the first opinion inclines too much to iudaisme ; and doth too much oppugne ( whether more impudently , or more ignorantly ; that i cannot say ) the received opinion of divines . for who knowes not that common principle of the schoole-men , out of the seventh unto the hebrewes : the priesthood being changed , there is made of necessitie a change also of the law ? whence they conclude , that at this day the morall law bindeth not , as it was published and proclaimed by moses ; but as at first it appertained no lesse unto the gentiles , than the iewes ; and afterwards , was explaned and confirmed by christ , in his holy gospel , zanchius doth strongly prove the same ( amongst other things ) out of this commandement about the sabbath . si decalogus quatenus per mosen traditus fuit israelitis , ad gentes quoque pertineret , &c. if the commandements ( sayth hee ) as they were given by moses unto the israelites , appertained also to the gentiles ; the gentiles had beene bound by this commandement , to sanctifie the sabbath with as much strictnesse , as the iewes . but since it is most evident , that the gentiles never were obliged to keepe that day holy ; it plainely followeth , that they neyther were nor could be bound to keepe the rest of the commandements , as published and proclaimed by moses unto them of israel . nor doe these hot-spurres well observe , how they intangle themselves , by borrowing the authoritie of the lords day from the law of moses . for if they ground themselves upon that commandement ; why keepe they not that day precisely , which the text commandeth ? by what authoritie have they substituted the first day of the weeke , for the seventh day exactly from the worlds creation ? what dispensation have they got , to kindle fire , to dresse and make readie meat , which was prohibited the iewes , by the same commandement . in case they bee ashamed of these and such like beggerly elements , and tell us , that the morall duties of the day are onely now to bee observed ; ( not to say any thing of a distinction so infirme , and which the text affordeth not ) they desert their station ; and will they , nill they , ioyne with them , who letting passe the veile of moses , seeke for the originall of the lords day in the sunne-shine onely of the gospel . sect . vi. for those that make their boast , that they have found the institution of the lords day in the new testament expressely ; let them shew the place . our saviour oftentimes disputed with the pharises , about their superstitious observation of the sabbath day ; and many times explaned the meaning of that commandement : but where is any the least suspition of the abrogation of it ? where any mention , that the lords day was instituted in the place thereof ? well . christ ascended up on high , and left behind him his apostles , to preach the gospel . and what did they ? did they not keepe the iewish sabbath , without noyse , or scruple ? and gladly teach the people , congregated on the sabbath dayes ? nay , more than this : did not the primitive church designe as well the sabbath , as the lords day , unto sacred meetings ? these things are so notorious , that they need no proofe . the papists hereupon inferre , that the lords day is not of any divine institution , but grounded onely on the constitution of the church . a civill ordinance ( sayth brentius ) not a commandement of the gospel . and the remonstrants have declared in their late confession , that by our lord christ iesvs , all difference of dayes was wholly abrogated in the new testament . all which accord exactly with that generall maxime , which in this very argument is layd downe by suarez , and by him borrowed from the schooles : in lege nova non sunt data specialia praecepta divina de accidentalibus observantiis ; that in the new testament there were given no speciall precepts , or directions , touching accidentall duties . yet notwithstanding this , even in the church of rome , anchoranus , panormitan , angelus , and sylvester , have stoutly set themselves against these luke-warme advocates , in affirmation of the divine authoritie of the lords day . for , ( as it rightly is observed by the defenders of the fourth opinion ) it seemed a dangerous thing to the whole fabricke of religion , should humane ordinances limit the necessitie of gods holy worship : or that the church should not assemble , but at the pleasure of the clergie , and they ( perhaps ) not well at one amongst themselves . for what would men busied about their farmes , their yoakes of oxen , and domesticke troubles ! ( as the invited guests in the holy gospel ) would they not easily set at naught an humane ordinance ? would not prophane men easily dispense , with their absenting of themselves from prayers , and preaching , and give themselves free leave of doing or neglecting any thing ; were there not something found in scripture , which more than any humane ordinance , or institution , should binde the conscience ? well therefore , and with good advice , the acts and practice of the apostles hath beene also pressed ; besides , the constant and continuall tradition of the church : that so it may appeare , that in a thing of such great moment , the church did nothing without warrant from those blessed spirits . three texts there are , which are most commonly produced , in full proofe thereof . first , acts 20.7 . vpon the first day of the weeke , when the disciples came together , to breake bread , pavl preached unto them readie to depart upon the morning , and continued his speech till midnight . why is it sayd expressely , that the disciples came together , to heare the word preached , and receive the sacraments , rather on this day than another ; rather than on the iewish sabbath ? were it not then a custome , to celebrate on that day their publike meetings ; the sabbath of the iewes beginning ( by degrees ) to vanish . the fathers , and all interpreters ( almost ) doe so conceive it : though i confesse , that from a casuall fact , i see not how a solemne institution may bee justly grounded . nor may wee argue in this manner ; the disciples met that day together ▪ therefore they gave commandement , that on that day the church should alwayes bee assembled for gods publike worship . who markes not heere a great and notable incoherence ? looke therefore next upon the first to the corinthians , cap. 16. vers . 2. where wee seeme to have a commandement : let every man ( sayth the apostle ) upon the first day of the weeke lay by him in store : what ? collections for the saints : and why ? because hee had so ordered it , in the churches of galatia . heere then wee have an ordinance set downe by the apostle , to bee observed in the church : but what is that hee ordereth ? not that the first day should bee set apart for the lords service ; but that upon the first day of the weeke they make collections for the saints . the third and last , is revel . 1. and 10. i was ( sayth the evangelist ) in the spirit on the lords day : and what day is that ? had hee meant onely the iewish sabbath , doubtlesse hee would have called it so : if any other of the weeke , not eminent above the rest , the title had beene needlesse , and ambiguous ; and rather had obscured , than explaned his meaning . what therefore rests ? but that comparing this place with the former two , interpreters both new and old conclude together , that here the apostle meant the first day of the weeke ; whereupon christ rose , and the disciples came together , for the discharge of holy duties ; and paul commanded , that collections should bee made : as was the custome afterwards , in the primitive church , according unto iustin martyr , who lived verie neere the apostles times . the alteration of the name doth intimate , that the sabbath was also altered ; not in relation to gods worship , but the appointment of the time . sect . vii . what then ? shall wee affirme , that the lords day is founded on divine authoritie ? for my part , ( without prejudice unto any mans opinion ) i assent unto it : however that the arguments like mee not , whereby the opinion is supported . this inference first offends mee , that in the cradle of the world , god blessed the seventh day , and sanctified it ; therefore all men are bound to sanctifie it , by the law of nature : since i both doubt , whether the patriarkes did observe it , before moses time ; and have learnt also , that the law of nature is immutable . next this distasts mee , that they would have the spending of one day in seven , on gods holy worship , to bee perpetuall , and morall . as congruous , or convenient , all men admit it ; but cannot see so easily , that it should bee morall , and perpetuall . nor is it , thirdly , without scandall , that the fourth commandement should bee so commonly produced , to iustifie our keeping of the lords day , by the text thereof . if they required no more , but the analogie , the equitie , or the reason of that commandement , wee would not sticke to yeeld unto it : but whiles they stand too close to the very letter , they may ( perhaps ) bee iustly charged with iudaisme . fourthly , as little like i them , who promise much in proofe hereof , out of the new testament , which the text affordeth not . for where is any expresse institution of the lords day , in any one of the apostles , or evangelists ? yea , or what text is there , whence it may necessarily bee collected , in case wee meete an adversarie , who must bee dealt withall exactly ; and will not easily assent , but to solide arguments ? nor lastly , am i satisfied with the bare ordinance of the church ; which with the same facilitie may bee broke , as it was enacted : which absolutely to affirme of the lords day , were too unadvised . therefore , amongst so doth distinguish with us , of divine authoritie , strictly and largely taken : that so , not that alone which is found in scripture may properly be said to have divine authoritie ; but whatsoever by good consequence may bee drawne from thence , eyther in reference to the institution , or some example of it , or ( at least ) some analogie thereunto . and whereas calvin , bullinger , bucerus , brentius , chemnitius , vrsine , and others of the reformed churches affirme , that still the church hath power to change the lords day to some other : suarez doth thus distinguish in it , that it is absolutely alterable , but not practically : that is ( as i conceive it ) that such a power is absolutely in the church , though not convenient now to bee put in practise . the reasons of it , two : first , because instituted ( as generally the fathers grant ) in memorie of our redemption ; made perfect on that day , by our saviours resurrection : next , because not depending barely upon a civill , or ecclesiasticall ordinance ; but on the practice and expresse tradition of the apostles ; who ( questionlesse ) were ledde into all truth by the holy ghost . which beeing so ; if any waywardly shall oppose us , as if they would compose some sabbaticall idoll out of an equall mixture of law and gospel ; they may bee very fitly likened to the iew of tewksburie , mentioned in our common annals : who on a saturday fell by chance into a privi● , and would not then permit himselfe to bee taken out , because it was the iewish sabbath ; nor could bee suffered to bee taken thence the next day following , because the lords day , celebrated by the christians : and so , betwixt both dayes , hee died most miserably , that understood not rightly the celebration and true use of eyther . of which , the celebration of this day , i am next to speake . sect . viii . prayse waiteth for thee , o lord , in sion , and unto thee shall the vow be performed : o thou that hearest prayer , unto thee shall all flesh come . the life of pietie and religion , is gods publike worship ; the soule of publike worship , is the due performance of the same . they which esteeme not this as they ought to doe , whether prophane , carnall , or schismaticall persons , doe not alone ( as much as in them is ) teare the church in pieces , which is the seamelesse coat of christ ; but doe renounce the heritage , bought for us at so great a price , and offered to us with so great mercie . hee that endevours to pursue the severall by-wayes and dissonant clamours of particular men , in this present argument ; entreth into a most inextricable labyrinth . but generally , those things which others have propounded in some obscuritie , may bee reduced most fitly unto these two heads : first , that wee marke distinctly , in the celebration of this day , what speciall duties are commanded ; and next , what offices are permitted . to the discoverie whereof , these words , our god , our neighbours , and our selves , like a mercuriall finger , will direct our journey , amidst the severall turnings of this present world. these three are principally aymed at in those pious duties , which on this day have beene commended to us , or rather imposed on us , by the acts and practice of the apostles . first , the disciples came together , to breake bread , and heare the word : which , without solemne and preparatorie prayers , were a faint devotion , acts 20. this is the honour due to god. collections , secondly , are appointed , 1. corinth . 16. this is in reference to our neighbour . and last of all , saint iohn was in the spirit on the lords day , revel . 1. this in relation to our selves : that so our pious contemplations , borne by the wings of the spirit , may ascend on high ; even to those hills , from whence commeth our salvation . therefore upon this day , gods people are to meet in the congregation , to celebrate divine service , and to heare the word ; almes to bee given , and godly meditations to bee cherished with our best endevours . from whence ariseth that , as an accessorie in the gospel , which was a principall in the law of moses , rest from servile workes , and from the ordinarie workes of our vocation . for since there is not extant eyther commandement , or example , in the gospel , which can affixe the rest of the iewish sabbath to the lords day now celebrated ; and that our christian libertie will not away with that severe and ceremoniall kind of rest , which was then in use : wee onely are so farre to abstaine from worke , as it is an impediment to the performance of such duties as are then commanded . saint hierome on the eighteenth of the acts , affirmeth , that saint paul , when hee had none to whom to preach in the congregation ; did on the lords day use the workes of his occupation : and christ did many things ( as of set purpose ) on the sabbath , ( so hath chemnitius rightly noted ) to manifest , that the legall sabbath was expiring ; and to demonstrate the true use of the christian sabbath : if ( at the least ) the name of sabbath may be used amongst us , which some distast . to end in briefe , those things are all commanded , which doe advance gods publike service ; and those permitted , which are no hinderance thereunto . of this sort specially , are the workes of necessitie : as , to dresse meat , to draw the oxe out of the ditch , to leade our cattell unto water , to quench a dangerous fire , and such as these . then workes of charitie : first , in relation to our selves ; and heere wee are permitted recreations ( of what sort soever ) which serve lawfully to refresh our spirits , and nourish mutuall neighbourhood amongst us : next , in relation unto others ; and heere no labour ( how troublesome soever ) is to bee refused , which may accommodate our neighbour , and cannot fitly bee deferred . where wee must alwayes keepe this rule , that this our christian libertie bee void of scandall ; i meane , of scandall justly given , and not vainely caught at : that wee pretend not charitie [ to absent our selves from religious duties ] when eyther covetousnesse , or loathing , or neglect of gods holy ordinances , are under-hand the principall motives . foure properties there are ( as one rightly noteth ) of all solemne festivals ; sanctitie , rest from labour , cheerefulnesse , and liberalitie : which verie things , the ancients ( by those names , whereby they did expresse their festivals ) doe seeme to intimate . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 derived from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which signifieth to meete , or to bee assembled : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to rejoyce , to dance : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to restraine from workes that are an hinderance . and so amongst the grecians , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifieth an assembly ; and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 denotes expences : from whence , their solemne festivals were so entituled . and unto all these , whether recreations , or entertainments , feastings , and other indifferent customes ; it onely appertaineth to the religious magistrate to prescribe bounds and limits : not to the rash zeale of every one , which out of a schismaticall stoicisme , not suffering people eyther to use a fanne , or to kill a flea , relapse to iudaisme ; nor on the other side , to every prodigall and debauched companion , who joynes himselfe unto belphegor , and eates the sacrifices of the dead . finis . notes, typically marginal, from the original text notes for div a10094-e140 cap. 15.5 . gal. 4.10.11 . cap. 2.16.17 . sect. 4. see austin de h●res●b . & epiphanius . sect. 2. epist. 3. l. 21. in rog. hoveden anno. 1201. anno. 1200. institut . l. 2. cap. 8. sect. 33. ib. sect. 34. paraen , lib. 1. cap. vlt. institut . l. 3. cap. 8. sect. 34. gen. 3. sect. 3. & 7. goma● . desensio sentent . c. 10. investig . sabb. cap. 4. cap. 10. cap. 3. . anno 5. and 6. of edward 6. cap. 3. heylius geogr. in france . roger● on the article● . art. 7. id. in the preface to the articles . paraen . l. 1. cap. vlt. notes for div a10094-e4690 hebr. ● , s●mpos . l. 4. sub finem . lib. 7. cap. 15. de annis & mensibus . levit. ●5 . cap. 3. azor. instit. moral . part . 2. q. 3. hospin . de fest. ethn. & iud. l. 3. cap. 3. annal. sacri ad diem 7. in exod. ad praecept . 4. v. damasc fid . o. th . l. 4. c. 24. irenaeum , l. 4 30. in gen. 2. q. 4. ad d●em 7. sect , 2. in exod. 〈◊〉 praecept . 4. in gen. cap. 2. q. 4. calv. instit. l. 2. cap. 8. zouch . tom. 4. l. 1. cap. 15. in exod. 20. q. 11. ● . 2. q. 122. art . 4. institut . lib. 2. cap. 8. sect . 28. vbi supr● , instit. l. 1. cap. 8. sect . 34. marc. 2.27 . matth. 5. de bello iudaic. l. 7. cap. 24. natur. hist. l. 31. cap. 2. anno 31. n. 38. exer● . 15. sect . 20. lib. 1. cap. 9. bellar. de cult . sanct. l. 3 c. 11. estius in 3. sent. d. 37. sect . 13. vers. 12. tom. 4. l. 1. c. 11. exod. 16.35 . matth. 12. mark. 2. luke 6. ioh. 5. acts 13.17.18 . cap. hosp. de sest . christ. c. 9. montholon . prompt . in sabbat . de relig. l. 2. cap. 1. azor. institut . mor. part . 2. c. 2. zanch. tom . 4. l. 1. c 19. foxe & stowe in vita henr. 3. psal. 65. in loc . com. perk. in case of consc. l. 2. c. 16. rob. lo●u● in ●ffig . sabbat . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 articles to be enquired of vvithin the diocesse of london in the third trienniall visitation of the right honourable, and right reverend father in god, william, lord bishop of london, lord high treasurer of england. holden in the yeare of our lord god, 1640 visitation articles. 1640 church of england. diocese of london. bishop (1633-1660 : juxon) this text is an enriched version of the tcp digital transcription a00214 of text s101627 in the english short title catalog (stc 10267). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 69 kb of xml-encoded text transcribed from 14 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a00214 stc 10267 estc s101627 99837436 99837436 1757 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a00214) transcribed from: (early english books online ; image set 1757) images scanned from microfilm: (early english books, 1475-1640 ; 1485:7) articles to be enquired of vvithin the diocesse of london in the third trienniall visitation of the right honourable, and right reverend father in god, william, lord bishop of london, lord high treasurer of england. holden in the yeare of our lord god, 1640 visitation articles. 1640 church of england. diocese of london. bishop (1633-1660 : juxon) juxon, william, 1582-1663. heylyn, peter, 1600-1662. [28] p. printed by richard badger, london : m.dc.xl [1640] drawn up by peter heylyn. signatures: a-c⁴ d² . reproduction of the original in the henry e. huntington library and art gallery. eng church of england -pastoral letters and charges -early works to 1800. visitations, ecclesiastical -england -london -early works to 1800. a00214 s101627 (stc 10267). civilwar no articles to be enquired of vvithin the diocesse of london. in the third trienniall visitation of the right honourable, and right reverend fa church of england. diocese of london. bishop 1640 12772 350 0 0 0 0 0 274 f the rate of 274 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2002-08 tcp assigned for keying and markup 2002-10 aptara keyed and coded from proquest page images 2002-11 olivia bottum sampled and proofread 2003-02 aptara rekeyed and resubmitted 2003-04 olivia bottum sampled and proofread 2003-04 olivia bottum text and markup reviewed and edited 2003-06 pfs batch review (qc) and xml conversion articles to be enquired of within the diocesse of london . in the third trienniall visitation of the right honourable , and right reverend father in god , william , lord bishop of london , lord high treasurer of england . holden in the yeare of our lord god , 1640 london , printed by richard badger . m.dc.xl the oath to be administred to the church-wardens and sworn-men . you shall sweare that you and every of you shall diligently enquire of the articles given you in charge ; and without any affection , favour , 〈◊〉 , hope of reward and gaine , or feare of displeasure , or malice of any person , you shall present all and every such person and persons that now is , or ●f late was within your parish , as hath committed any incest , adultery , fornication , or simony , and any misdemeanour or disturbances committed or made in any church or ch●ppell , in time of common prayer , preaching , or divine service there used , to the disturbance thereof : and also that have committed or done any other offence , fault or default , presentable in the e●clesiasticall court , according to the articles now delivered to you . wherein you shall deale uprightly and according to truth , neither of malice presenting any contrary to truth , nor of corrupt affection sparing to present any , and ●o conceale the truth : having in this action god before your eyes , with an earnest zeale to maintaine the truth , and suppresse vice . so helpe you god , and the contents of this booke . articles to be enquired of within the diocesse of london , in the visitation to be holden in the yeare of our lord , 1640. concerning religion , and the true worship of god ▪ in this realme established . is there any who doth affirme & teach that the 39 ▪ articles agréed upon by the archbishops and bishops in b●th provinces , and the whole clergie , in the convocation h●lden at london , anno ▪ 1562. are in any part superstitio●s or 〈◊〉 , or such as hée may not with a good conscience subscribe unto ? who is that so teacheth or affirmeth , and what is his name ? 2 is there any who doth affirme and ●ea●h ▪ that the forme of gods worship in the church of ●●gland , established by the law , and contai●●d in the booke of common ●rayer and administration of sacraments , is a corrupt , superstitio●s , 〈◊〉 unlawfull worship of god , or containeth any thing in it that is rep●g●●nt , to the scriptures , who is it that so teacheth , & c. ? 3 is there any who doth affirme or teach , that the rites and ceremo●ies of the church of england by law established , are wicked , antichristian , or superstitious , or such as being commanded by lawfull authoritie , ●ay not with good cons●ience ●ee approved , used , or subscribed unto , by men who are zealously and godly affected , who is it , & c ? 4 is there any that separateth himselfe from the communion of saints , as it is approved by the apostles rules in the church of england , and c●mbine themselves together in a new brother-hood , accounting the christians who are conformable to the doctrine , governement , ●ites , and ceremonies of the church of england , to be prophane or unmeet for him to ioyne within christian profession , who are they that so separa●e ●●mselves , and what are their names ? concerning the church , the governement , authoritie , and discipline thereof . 1 is there any who doth affirme or teach , that the church of england by law established under the kings maiestie , is not a true and apostolicall church , teaching and maintaining the doctrine of the apostles . who is it that doth so affirme and teach , & c ? 2 is there any who doth affirme and teach , that the governement of the church of england under his maiestie by archbishops , bishops , deanes , archdeacons , and the rest that beare office in the same , is antichristian and repugnant to the word of god . who is it that doth , &c. 3 is there any who doth affirme or teach , that the formes or manner of making and consecrating bishops , priests , and deacons , containeth any thing in it , that is repugnant to the word of god : or that they who are made bishops , priests , and deacons in that forme , are not lawfully made , nor ought to be accounted either by themselves or others , to be truly either bishops , priests , or deacons , untill they have some other calling unto those divine offices . who is it , &c. 4 is there any who doth affirme or teach , that the church hath no power to decree rites or ceremonies , nor any authoritie in controversies of faith , or in the changing & abolishing of ceremonies and r●tes of the church , ordained only by mans authority , contrary to the 20. and 34. articles of the church of england . who is it , &c. 5 is there any who doth affirme or teach , that the kings maiestie hath not the same authoritie in causes ecclesiasticall , that the godly kings had among the iewes , and christian emperours in the primitive church . or that the kings maiestie within his realmes of england , scotland , and ireland , and all other his dominions and countries , is not the highest power under god , to whom all men , as well inhabitants as bor●e within the same , doe by gods law owe most loyaltie and obedience . or that impeach any part his royall supremacie in the said causes restored to the crowne , and by the lawes of the realme therein established . who is it , & c ? 6 is there any who doth affirme or teach , that no manner of person eith●r of the clergie or laitie , are to be subiect to the decrees and constitutions of the church in causes ecclesiasticall , made and ratified by the kings maiesties supreme authoritie , other then such as are particularly assembled in the sacred synods of the church for the making of the said decrees , and constitutions , and have given their voices , to the same . who is it , & c ? 7 is there any that doth affirme or teach , that it is lawfull for any sort of ministers and lay persons , or either of them to ioyne together , and make rules , orders , and constitutions in causes ecclesiasticall without the kings authority , or any that submit themselves to be ruled and governed by the same . who is it , & c ? 8 is there any who doth affirme , teach ▪ maintaine or publish , that such ministers who refuse to subscribe to the forme and manner of gods worship in the church of england , and their adherents may truly take unto them the name of another church : or that there are within this realme , other meetings , assemblies , or congregations of the kings borne subiects , then such as by the lawes of this land are held and allowed , which may rightly chalenge to themselves the name of true and lawfull churches . who is it that doth so affirme , & c ? 9 doth any minister or ministers , without the licence and direction of the bishop of the diocesse first obtained , appoint or keep any solemne fasts publikely , or in any private houses , other then such as are or shall be appointed by lawfull authoritie , or not being licensed as afore is said , presumes to appoint or hold any meeting for sermons , sermon lectures , prophecies , or exercises in market townes or other places , or doth attempt without such licence upon any pretence whatsoever , either of possession or obsession , to cast out any divell or divels . who is it that offendeth in the premises , &c. 10 doe any priests or ministers of the word of god , or any other persons meet together in any private hou●e or el●ewhere , to consult upon any matter or course to be taken by them or by any other , upon their motion and direction , which may any way tend to the impeaching or depraving of the church of e●gland , or of the booke of common prayer , or of any part of the government or discipline in the church of england now established , and who are they ? concerning churches , the ornaments , vtensils , and other necessaries to the same belonging . 1 is your parish church or chappell well and sufficiently repaired , and so from time to time maintained and kept ? are the windowes well glazed , the floare kept paved plaine and even , and all things there in such ●n orderly ●nd decent sort , without dust , or any thing that may bee either noysome or un●eemely , as best becommeth the house of god ? 2 are the ten commandements set upon the east end of your church or chappell , where the people may best see and reade the same , and other chosen sen●ences written upo● the walls of your said church or chappell , in convenient places ? 3 doe the cha●cels remaine as they have d●ne in times past , that i● to say , in the convenient situation of the seates , and in the ascent or 〈◊〉 unto the place appointed anciently for the standing of the holy tab●● ? is the chancell of your church or chappell cleane kept , and repaire● within and without , in the windowes and otherwhere as appertaineth ▪ and is there a comely partition betwixt your chancell and the body of the church or chappell , as is required by the law ? 4 is the church-yard of your church or chappell well and sufficiently sensed , maintained and kept with walls , ●ailes or poles , as hath beene heretofore accustomed : and if not , then by whose neglige●●e or default is it , that the fenses of the same are grown into decay ▪ 5 are there any playes , foasts , banquets , suppers , church-ales , drinkings , temporall courts or le●tes , lay-iuries or musters : or is there any other prophane usage , kept in your church , chappell , o● churchyards , of what sort soever ▪ by whom ●re your said church or chappell , or churchyard so prophaned as afore is said , and by whose permission . 6 have you in the chancell of your church or chappell a decent and convenient table for the celebration of the holy comm●●ion ? is i● so set as is directed in the queenes iniunctions , and appointed by the canon made in the synod held at london , anno 1640. have you a carpet of silke or other decent stuffe , appointed by the ordinary , to lay upon the table in the time of divine service , and a faire linnen cloth to lay upon the same in time of the communion ? and is the said carpet and linnen cloth laid constantly upon the table , at the times aforesaid ? 7 have you a faire communion cup , or chalice of silver , with a cover of the same , and a decent standing pot or flagon of pewter , if not of purer metall , in which the wine for the communion is to be brought unto the holy table ? is the said table , carpet , linnen cloth ▪ cup , or flagon , or either of them any wayes prophaned , or otherwise imployed , then to their owne proper and right holy uses ? 8 have you in your church or chappell a font of stone , where baptisme is to be administred , decently made , and kept as it ought to be ? is the same set in the ancient usuall place appointed for it , and doth your minister publikely baptize , in the same font only ? 9 have you in your church or chappell , a convenient seat made 〈◊〉 the minister to reade service in , as also a comely and decent pulpit set in a convenient place within the same for the preaching of gods word , and there seemely kept ? 10 have you in your church or chappell a strong chest with an hole in the upper part thereof , 〈◊〉 the almes of the poore ? hath the same chest three severall keyes , and is the one of them in the castodie of the parson , uicar , or curat ? is the same so set and fastened in the most convenient 〈◊〉 , to the intent the parishioners may put into it their almes , for their poore neighbours ? 11 have you a true note and terrar , of all the glebes , lands , meadowes , gardens , orchards , houses , stockes , implements , tenements and portions of tythes lying out of your parish , which belong unto your parsonage , or uicarage ? and is the same , or a true coppie of the same layed up in the bishops registry for a perpetuall memory thereof ? 12 have you a comely decent surplisse with sleeves for the use of your minister in saying the publike prayers , or ministring the sacraments , and other rites of the church : together with an universitie hood , according to the degree of your said minister ? and doth the parson , uicar , or cu●●te use the same , as oft as he officiates gods publike service , administreth the sacraments , or dischargeth any publike duty in the congregation ? 13 have you a bible of the largest volume , allowed by authoritie , the booke of common prayer , and the booke of homilies , all very well , and fairely bound ? as also a booke of the canons and constitutions , made in the synod held at london , anno 1603. and ratified by the kings authority ? a booke of prayers for the 5. of november , and for the 27. of march being the day of his maiesties most happy inauguration ? have you a parchment register booke wherein to keep upon record , the severall christenings , weddings , and burials , which happen weekly , quarterly , or yearly , in your parish ? have you also a register booke wherein to write the names of all preachers , which come and preach in your church from other places ? and have you one sure co●er with thrée lockes and keyes , for keeping of the bookes aforesaid . and doth one of your keyes remaine alwayes in the hands of your minister ? whether is your parsonage-house or vicarage-house , barnes , stables , and other out-houses thereto belonging , in good and sufficient repaire . whether hath any person in●roached upon the ground of your church-yard , or other consecrated ground , if any hath , then you shall present him , and set out what quantitie of ground is so incroached upon , and whether any new doore or window hath be●ne lately made into your church or church-yard ▪ and by what authority ? concerning the celebration of divine service , the administration of the sacraments . &c. doth your minister or curate that ministreth in your parish church or chappell , say daily the morning and evening prayer , in the same parish church or chappell where he ministreth , unlesse he be lawfully hindered ? and doth he cause a bell to be tolled thereunto , a convenient time before he begin , that such as be disposed may come to heare gods word , and to pray with him ? especially , is the common prayer said or sung distinctly and rev●rently upon such dayes as are appointed to be kept holy , and upon their e●es ? is the same said or sung at convenient and usu●ll times of those dayes , and in such pl●ce of every church , as the people may be most edified thereby ? and doth the pars●n u●car or curate ▪ observe the orders rites and ceremonies prescribed in the booke of common prayer , as well in reading the holy scripture , and saying of prayers , a● in administration of the sacraments : without either diminishing in regard of preaching , or in any other respect , or adding any thing , in the matter and forme thereof ? 2 doth the minister reade the psalmes , and lessons appointed in the kalendar for morning and evening prayer ? and at the end of every psalme throughout the yeare , and likewise at the end of the benedictus , benedicite , magnificat , and nunc dimittis , doth he repeate , glory be to the father , &c. and at the reading of the lessons , doth he stand and turne him so , as he may best be heard of all such as be present ? and is the creed called athanasius creed , beginning with ( whosoever will be saved ) said by your minister constantly at the times appointed in the common prayer booke , and doth your minister sing or say any other psalmes or hymns other then aforesaid in the place of those , contrary to law ? 3 doth your parson , uicar , or curate , say the letanie on every sunday duely throughout the yeare ▪ as also upon all wednesdayes and fridaies weekely , though they be not holy-dayes ? in what convenient place of your church or chappell doth hee say the same , and by whom was that place appointed ? doth hee say the same at the accustomed houres of service , and is there warning giuen to the people by the tolling of a bell ? and doth euery house-holder dwelling within halfe a mile of the church , come , or send one at the least of his houshold to ioyne with the minister ? 4 doth your minister read the communion service , or the second service on every sunday and holyday throughout the yeare , though● there bee no communion , according as it is appointed in the booke of common prayer ? 5 doth your parson re●ide upon his bene●●ce or not , if yea , then , being a licensed preacher , doth he preach one sermon every sunday in the yeare in his owne cure , or in some church or chappell neare adioyning , having no lawfull impediment ? and being not a licensed preacher , doth he offer at any time to preach or expound the scriptures , or rather doth he procure sermons to bee preache● in his cure once every moneth at the least by preachers which bee lawfully licensed ? if he be licensed by the lawes of this realme not to reside upon his benef●ce , then in that case doth he supply his cure by one that is a sufficient and licensed preacher ? and is your curate allowed to serve there by the bishop of the diocesse , or by the ordinary of the place having episcopall iurisdiction , and by no other ? 6 doth your parson , uicar , or curate upon every sunday and holy-day throughout the yeare when there is no sermon , reade one of the homilies set forth by publike authority ? doth he use to read the same in the pulpit only , according as he is required in the canons of the yeare 1571. and doth your minister as well before the homilie as before his sermon move and exhort the people ●o ioyne with him in prayer according to the forme laid downe in the book of canons , and doth hee use any other forme then is there prescribed ? 7 have you in your parish , besides your parson , uicar , and curate , any lecturer or lecturers not having cure of soules therein ? doth your lecturer use before his lectures , the forme of prayer before remembred , and no other forme ? and doth he twice at the least every yeare read the divine service on two severall sundaies both in the fore-noone and afternoone , publikely and at the usuall times , and doth he as oft in every yeare administer the sacraments of baptisme and the lords supper , in such manner and form , and with the observation of such rites and ceremonies as are prescribed in the book of common prayer ? 8 doe your lecturer or lecturers preach in their gownes and not in their cloaks , according to his maiesties instructions , an. 1629. doth he professe his willingnesse to take upon him a living with cure of soules , in that place or parish , in the which he lectures or elsewhere . and doth he actually take such cure or benef●ce if any hath beene offered to him ? 9 is your lecturer licensed by the bishop of the diocesse ? and doth your lecturer or any other preacher that lectureth or preacheth in your church or chappell , impugne or confute any doctrine formerly delivered in the same , or in any church neare adioyning , before hee hath acquainted the bishop of the diocesse therewith , and received order from him what to doe in that case for the avoiding of dissention ? 10 doth your lecturer conforme himselfe to the lawes , ordinances , and rites ecclesiasticall established in the church of england ? if not , you are to certifie the same unto the bishop of the diocesse , or other ordinary of the place , to the end that if the said lecturer doe not conforme himselfe after admonition , his licence may be voided , and himselfe removed ? 11 doth your parson , uicar , or curate , administer the communion in your church or chappell so often , and at such times , as every parishioner may communicate at least thrice in the yeare , whereof the feast of easter to be one ? and doth he give warning to his parishioners publikely in the church at morning prayer the sunday before , for the better preparation of themselves ? and doe such as purpose to communicat● signifie their minds unto the ●urate over night or the morning early ? 12 doth your minister admit to the receiving of the holy communion , such of his cure which be openly knowne to live in sinne notorious without repentance , or any who have openly or maliciously contended with their neighbours , and will not be induced by him to a reconcilement ? or any church-wardens or sidemen , who having taken oath to present to their ordinaries every such publike offence , as they are particularly charged to enquire of in their severall parishes , shall wittingly incurre the horrible crime of periurie ? 13 doth he wittingly administer the same to any but to such as kneel , or to any that refuse to bee present at the publike prayers , or to any that bee common and notorious depravers of the booke of common-prayer , or of any thing contained in the booke of articles agreed upon in the convocation , anno 1562. or in the booke of ordering priests and bishops , or to any that hath spoken against , and depraved his maiesties soveraigne authority in causes ecclesiasticall , except such persons doe first acknowledge to the minister before you the church-wardens that hee is sorry for the same , and promise either by word of mouth , or under his hand to doe so no more ? 14 is the bread provided for the holy sacrament of the lords supper , of the best and purest white-bread that may conveniently be gotten ? doth the minister take the same into his hands to blesse and consecrate it to that holy use as oft as he administreth the communion ? doth he so likewise with the wine provided ? and if any bread or wine bee newly brought , doth he first use the words of the institution before it be distributed to the communicants ? 15 doth your minister as oft as he celebrateth the communion , receive the sacrament first in both kindes himselfe , and having so received the same , doth he severally deliver the bread and wine to every communicant in their ha●ds knéeling ? and at his delivery of the same , doth hee reherse the whole forme mentioned in the communion booke saying ( the body of our lord iesus christ , &c. ) or doth he only use some part thereof , as he list himselfe ? 16 doth your parson uicar or curate administer the communion at any time publikely in the congregation except there be foure or three ( at the least ) to communicate with him ? doth he administer the same to any strangers , which come often and commonly from their owne parish churches ? and doe you the church-wardens give notice to your minister of such strangers , that so hee may remit them home to their owne parish churches , there to communicate with their owne minister and neighbours ? 17 doth your minister , except it be in times and cases of necessity , preach or administer the holy communion in any private house in which there is no chappell dedicated and allowed by the ecclesiasticall lawes of this kingdome ? doth any chaplaine living within your parish , preach or administer the communion in any other place then in the chappell of the said houses ? doth the lords and masters of such chaplaines , or houses , at other times resort to their owne parish churches , and there receive the holy communion , at least once in the yeare ? and doe any under noble men , and men qualified by law keepe any private chaplaine in their house or houses ? 18 doth your minister refuse or delay to christen any child that is brought to him to the church on sundayes or holy-dayes , knowledge thereof being given to him over night or in the morning before morning prayer ? doth hee proceed therein in all things according to the forme of publike baptisme in the common prayer booke , doth he neglect , refuse , or pretermit at any time to signe the child baptized with the signe of the crosse , or doth hee admit the parent of a childe to answer as a godfather to his own childe , or any other person to be a godfather or godmother , before the said pers●n so undertaking hath received the holy communion ? 19 doth your minister being duly informed of the weaknesse and danger of death of any infant unbaptized in his parish , and being thereupon desired to goe unto the place and baptize the same , either wilfully refuse to d●e it , or negligently delay the time , so that the child departeth without baptisme ●hrough his def●ult : if the childe so baptized doe recover afterwards , is it brought into the church by the godfathers and godmothers , to the intent the congregation may bee certified of the baptizing thereof , according to the ●orme prescribed in the common prayer book ? 20 doth your minister having cure and charge of ●oules , doe his best endeavour to prepare children , and make them ready for confirmation ? and to that end , doth hee on every sunday and holyday before evening prayer for the space of halfe an houre or more instruct the youth and ignorant ▪ persons of the parish , according 〈◊〉 the catechisme set forth in the common prayer booke ? and are the afternoone sermons in your● parish ( if you had any formerly ) turned into catechising by way of questions and answers according to the kings instructions ? 21 doth your minister either bring , or send in writing to the bishop of the diocesse the names of all those children of his parish which can answer to the questions contained in the catechisme , that by the imposition of hands and prayer , they may receive strength and defence against temptation ? and doth he admit any person or persons to y● holy comm●nion , untill such time as he or they can orderly say the catechisme and be confirmed ? 22 doth your parson , uicar , or curate celebrate matrimony betwixt any persons , without a facultie or licence granted by authority lawfull , or without the banes of matrimony first published , on three severall sundayes or holydayes , in the parish church or chappell where the said parties dwell , or at the times by law prohibited without speciall licence : or doth he celebrate the same in any other place than in the church , or in the church at any other time than betweene the hours of eight and twelve in the forenoone , and at that time betwixt such persons as are under the age of twenty one yeares , without the consent of their parents signifie● unto him ▪ or a licence granted to him so to doe ? 23 doth your minister in the solemnizing of holy matrimony keepe himselfe to the forme and ceremonies prescribed in the common prayer booke , doth he at any time marry any without a king , or without going to the lords table , as it is appointed : doth he in case there bee no sermon read those texts of scripture , wherein the offices of man and wife , are declared , according as it is prescribed ? and doe the new married persons the same day of their marriage receive the holy communion , as by law they ought ? 24 doth your minister or curate resort to such of your parish as are dangerously sick ( if the disease be n●t probably suspected to be infectious ) to instruct and comfort them in that distresse , doth hee exhort the sick party to be in charity with all the world , and to dispose of his goods , and declare his debts , and doth he move him and that most earnestly to liberalitie towards the poore , and to unburden his conscience ? 25 if any sick person finde his conscience troubled with anyweighty matter , and doth unburden the same to his priest or minister , doth the said priest or minister give him absolution according to the forme prescribed : and have you ever heard that the said priest or minister hath revealed and made knowne at any time to any person whatsoever , any crime or ●ffence committed to his trust and secrecy , either in case of such extremity , or any other case whatsoever ( except they be such crimes as by the lawes of this realme , the life of the sai● priest or minister ma●●e called in questi●n for concealing of it ) declare the name of the offender , when and by whome you heare the ●ame ? 26 doth the curate that ministreth in your parish , upon convenient notice giuen him , administer the communion unto such as be dangerously sicke , and not able to come unto the church , and yet are desirous to receive the same in their houses , and are unquiet for he lack thereof : or doth hee obstinately and wilfully refuse so to doe being thereunto required , and finding all things necessary for the doing of it ? 27 doth your minister refuse or delay to bury any corps that is brought into the church or church-yard , convenient warning being given him before , except the partie deceased were denounced excommunicate for some grievous crime , majori excommunicatione , and no man able to testifie of his repentance : and doth he do it decently and gravely , not swerving from the forme prescribed by the church in the common prayer booke ? 28 doth any woman in your parish after her delivery from the paines and perill of childbirth refuse to come into the church to render thanks to god for so great a mercy : doth she goe thither covered with a decent veil according to the laudable and ancient custome : and being come doth she goe ▪ n●ere unto the place where the table standeth , and offereth her accustomed offerings : and doth your minister doe his dutie in churching the said women according to the forme prescribed : and doth the woman that commeth to give her tha●kes ▪ receive the holy communion if there by any ? 29 doth your minister at and upon seasonable times , especially on the first day of lent , cause the people , to bee called together and assembled in the church by the ringing of a bell : and being drawne together doth hee read unto them the commination against sinners , with the other prayers appointed ? concerning the clergie , their duty , carriage ▪ &c. doth your parson , uicar , curate , or lecturer , ( if you have any ) purely and syncerely teach , manifest and declare foure times every yeare at the least in his sermons and other collations and lectures that all usurped and forraigne power is for most iust cau●es taken away and abolished , and that therefore no obedience or subiection within his maiesties realmes and dominions , is due unto any such forraigne power . and doth he preach the doctrine of obedience , and the kings authority according to the canons published , and set out by the late holy synod , anno 1640. 2 doth your minister declare to the parishioners , every sunday at the time appointed in the communion booke whether there be any holy-dayes or fasting-dayes in the following weeke : and doth hee call upon them to observe the same , according to the lawes of the land , and of holy church ? 3 doth your minister or curate in the rogation dayes goe in perambulation about your parish saying and using the psalmes and suffrages by law appointed , as viz. psalme 103. & 104. the letany and suffrages , together with the homily set out for that end and purpose : doth hee admonish the people to give thankes to god , if they see any likely hopes of plenty , and to call upon him for his mercy , if there be any feare of scarcitie : and doe you the churchwardens assist him in it ? 4 doth your curate serve more then one church or chappell upon one day , except the said chappell be a member of the parish church or united thereto : how farre distant are the said churches or chappels which he serveth from one another ? what wages hath he for his paines ? 5 doth your minister if he be commanded by the ordinary , openly on some sunday denounce and declare for excommunicate , all those , who either for refusing to frequent the divine service of the church , or for notorious contumacie , or other notable crimes stand lawfully excommunicated by the lawes of the church , that others thereby may bee admonished to refraine their companies : and doth your minister himselfe refraine the company of persons excommunicated and so denounced ? 6 doth your parson , uicar , or curate usually weare such apparell as is prescribed by the canon , that is to say , a gowne with standing colla● and wide sleeves straite at the hands , and a square cap : or doth hee go● at any time abroade in his dublet and ho●e without coat or cassock , or doth he use to weare any light coloured stockings , doth he weare any ●oi●e , and wrought nightcaps , or only plaine night-caps of silke , sattin , or velvet : and in his iourneying , doth he usually weare a cloake with sleeves , commonly called the priests cloak , without guards , we●ts , long buttons or cuts ? 7 doth your parson , uicar , or curate resort at any time , other then for his honest necessities to any tavernes , or ale●ouses , or doth your curate lodge or board , in any such places : doe they or either of them give themselves to any base or servile labour , or to drinking or riot , or to playing at di●e , cards or tables , or to an● other unlawfull game , or games : or doe they otherwise spend their time idly by day or by night ? 8 is there any in your parish , who having beene a deacon or minister hath voluntaryly relinquished his calling , and doth u●e himselfe in the course of his li●e as a lay man , what are their names that have forsaken their said callinge ? 9 doth your minister ( if he be a preacher , and thought fit by your bishop ) having any popish recusant , or recusants in his parish , labour diligently with them from time to time , thereby to reclaime them from their errours : and if he be n● preacher , or not such a preacher , doth hee procure some that are preachers so qualified , to take paines with them to that purpose ? 10 doth your parson , uicar , or curate , carefully informe himselfe every yeare , how many popish recusants , men , woemen , and children above the age of thirteene yeares , or being otherwise popishly given , are inhabitants within their parish or parishes , or make their abode there , either as soiourners or common guests ? 11 doth your minister every sunday weekly ( if there be occasion ) in the presence of you the churchwardens , write and record in the ▪ register-booke the names of all persons christened , together with the names and surnames of their parents , as also , the names and surnames of all persons married and buried in that parish the weeke before , and the day and ●eare of every such christening , marriage , and burial , and unto every page therof when it is fild , do you and your said minister subscribe your names : and is a true coppie of the said christnings , marriages , and burials , subscribed with the names of your minister and you the churchwardens , transmit●ed yearely within one moneth after the 25 of march , unto the bishop of the dio●esse to be preserved in his registry ? 12 doth your minister in the parish church or chappell , where ●ee hath charge , reade the canons , orders , and constitutions , ( agreed on in the synod held at london , anno 1603. ) once every yeare upon some sundayes or holydayes in the afternoone before divine service : and doth he so divide the same , as the one halfe may be read one day ▪ and the other halfe the other day ? whether hath your minister , churchwardens , and sidemen , presented unto the lord bishop of london , or his chancellour , within fortie dayes after ●aster , the names of all the parishioners , as well men as woemen , which being ●bove 16. yeares of age , received not the communion , at or about easter be●ore according to the 112. canon ; if not , you shall present , whether that ●resentment should have beene brought in by your selves or your predecessors , ●nd specifie the names of every one that should have made such presentment at ●aster last past ? concerning schoolemasters , parish clarkes , and sextens . doth any man in your parish ●each either in publike schoo● or ●●iva●e house , but such as ●e allowed by the bishop of the diocesse or other ordinary of the place under his hand and seale : and if there 〈◊〉 no publike grammer-schoole founded in y●ur parish , doth any other teac● schoole in your parish , than your cura●e only , if he be willing so to doe ? 2 doth your schoolemaster teach in english or latine , as the chil●dren are able to beare , the shorter or longer catechisme set forth by autho●rity and no other : doth he on sundayes and holydayes when there is● sermon cause his s●hollers to ●ome unto the church , and there see the● quietly and orderly behave themselves ▪ and doth he traine them up at 〈…〉 in sentences of holy scripture ▪ and doth he teach them any o●ther grammar than that which was set forth by king . henry viii . an● hath since conti●ued ▪ 3 have you belonging to your church or chappell a parish clark● aged : 21. yeares at the least ? as he of 〈◊〉 convers●tion , sufficient 〈◊〉 his reading , writing : and also for his 〈…〉 said clarke chosen by any your parson , uicar , o● other minister . an● doth your clarke so chosen as before is said , receiv● his 〈…〉 , without any fraud or diminution , as hath beene a● 〈…〉 who is it that denyeth to pay that wages ? 4 doth your se●ten or your parish clarke ( if there be no se●ton ) wh●n , and as often as any person in passing out of this life , cause 〈◊〉 bell 〈◊〉 be tolled , that so his neighbours may be warned to recommend his soule 〈◊〉 the grace of god ? and after the said parties death ( if it so ●all out ) doth 〈◊〉 ring or cause one short peale to be ●orthwith run● , that so his neighbour may have notice that he is departed : whether do you the churchwardens of every parish within the ci●ie an● suburbs of london ( according to the kings majesties letters patents , unde● the great seale of england in that behalfe granted ) suffer your parish clar●● to gather his wages himselfe , in as full and ample manner , as the fame ha●● formerly beene gathered , in or by colour of his name , without dimin●tio● upon pre●ence of pewage , or the like , and without any manner of disturban●● or interruption or forbidding any one so to pay the same unto him , and wh●●ther doe you assist your clarke in collecting his wages ( if need be ) accordin● to his majesties said letters patent : and whether doe you duely present a● such persons of your parish as refuse to pay the said clarkes accustomed wage● as by his majesties said grant , you are required and commanded ? concerning parishioners . is there any in your parish either mas●er or servant , soiour●er or inhabiter , that hath offended either by adultery , whoredome , incest , or drun●ennesse , or by swearing , ribaldry , ( or filthy speaking ) usury , or any other uncleannesse , or wickednesse of life ? you shall faithfully present all and every the said offenders . 2 doe you know of any in your parish , or elsewhere , that is an hinderer of the word of god to be read , or syncerely preached , or of the execution of any ecclesiasticall canons , now by law in force ? or a fa●●our of any usurped or forraigne power , by the lawes of this realme ●ustly rejected and taken away , or a defendour of any popish and erronious doctrine ? you shall de●ect , and faithfully present . &c. 3 have you in your parish any popish recusants , men , women ▪ or children , above the age of 13. yeares , whether inhabitants , or sojourners , and common guests , that refuse to come to church , or comming to the church , refuse to receive the communion ? you shall set downe their names in writing , if you know their names , or otherwise ▪ those names by which they are called , and who they are that entertaine such guests or sojourners . 4 have you any that disswade any of his majes●ies subjects , from comming to the divine service in this church established , or that haue or doe practise with any of them to disswade them from taking the oath of allegiance ▪ or that have any wayes offended against the canon lately made , for the suppressing of popish superstition : 5 doe all and every person or persons inhabiting or so●ourning within your parish , diligen●ly and faithfully resort unto your parish church , or chappell accustomed , upon euery sunday , and other dayes appointed to be u●ed and kept as holydayes , doe they then and there abide orderly and soberly , 〈◊〉 the time of common prayer , preaching , or other service of god there to be used , or m●nistred ? or , ( which is contrary thereunto ) have you any that come unto the preachings only , and not unto the common prayer , or comming to the common prayer , neither use to come at the beginning , nor ●arry out unto the end ? or that being there doe rudely and disorderly behave themselves , or which by walking , talking , or any other noise doe hinder the minister or preacher ? 6 have you any that upon the sundayes or holydaies , imploy themselves in their bodily and ordinary labour , or that permit their servants so to doe ? or that keepe open shops in time of divine service ? or any uintners , inn-keepers , or other uictuallers , that permit any to lie tipling in their houses , or that doe tipple , dice ▪ or play at cards , or any other game in time of divine service on the aforesaid dayes ? or that use any plowing , carting , or workes of husbandry , on any of those sundayes or holydayes , throughout the yeare , unlesse according to law , or otherwise dispose themselves then according ●o gods holy will and pleasure , and the orders of the church of england pres●ribed in that behal●e , and by law in force ? 7 doth any manner of person cover his head in your church or chappell in time of divine service or sermon , or any part thereof , except he have some infirmitie , and in case of such infirmitie , doth he weare a co●● or nightcap only , and not his hat ? doe all and every person of your parish reverently kneele upon their knees , when the generall confession , the letany , the ten commandements and other prayers are read , and also at the receiving the blessed sacrament of the lords supper , doe they all say the creed , and lords prayer , next immediately following in a loud voice together with the minister ? doe they stand up at the saying of the beliefe , and such other parts of divine service as former●y they have beene used to stand up at , according to the rules and ancient custome of this church ? and when and as often as in the time of divine seruice the lord iesus shall be mentioned , is due and lowly reverence done by all persons present ? have you any that offend in the neglect of these particulars ▪ and what are there names ? 8 have you any parishioner that being 16. yeares of age doth not receive the communion , at the least thrice in the yeare , of which easter to be one , or that doth not receive the sacraments , and other rites according to the order of the common prayer booke ? or that doth not reckon with his parson uicar or curate , or his or their deputies at easter , yearely paying such ecclesiasticall du●ies as are accustomably due then , and at that time to be paid ? 9 the minister standing as he is appointed at the north side , or end of the table , when hee prepares to celebrate the holy communion , and calling on those who doe intend to communicate , to draw neare and take that holy sacrament to their comfort , as it is in the words of the common prayer booke , have you any in your parish that keepe their seats , and sit still in their places , not drawing neare as is commanded by the church , but looking that the minister should forsake the place of his station , by the church appointed , to bring it to them ? 10 is there any of your parish , who doth forsake his owne church or chappell to receive the communion at the hands of any other than their owne minister , or any strangers that usually repaire to your church or ch●●●ell to the same intent , or any that refuse to receive the holy communion at ●●e hands of their owne minister , because hee is no preacher or to have their children baptized by him in the same respect , or that in the same respects communicate , or cause their children to be baptized in other parishes abroad ? or doth your minister baptize any children presented unto him out of other parishes ? you shall present the names of all offenders in these particulars . 11 have you any that procure their children to be baptized at home in their houses without great cause and necessity , or by any other than their own lawfull minister if he may be had ? or after any other form and manner than is pr●scribed by the liturgie of the church of england , or any that procure themselves to be married privately , or ●fter any other manner than the church prescribes ? 12 do all and every housholder of your parish , fathers , mothers , masters & mistresses , cause their children , seruants , and apprentises , which have not learned their catechisme , come unto the church on sundayes and holydayes in the afternoone , obediently to heare and to be ordered by the minister till they have learnt the same . 13 have you any in your parish that refuse to contribute , and pay the rate ass●ssed ●pon him , for the repaire of your church or chapp●ll , or the providing of any bookes , utensils or necessary ornaments to the same belonging ? present the names of those which doe so refuse . 14 have you any that keepe company and hold society with suc● as are denounced and declared excommunicate ? 15 have you any living in your parish , which have beene legally separated and divorced , have afterwards beene married unto others , either men or women , during the life of each other , or that being so divorced as afore is said , keepe company with each other at bed and at board ? or any that being lawfully married , doe yet live asunder , without a separation in due course of law ? 16 have you any persons in your parish ▪ which are and have been married within the d●grees prohibited by the lawes of god , and expressed in a table set forth by authority ? and is the said table publikely set up and fix●d in your church or chappell at the charge of the parish ? 17 are there in your parish any wills unproved , or any goods unadministred by lawfull authority ? did any dying in your parish give any legacy unto your church or chappell , or to the use of the ▪ poore and needy ? 〈◊〉 how have the said legacies so given beene disposed of by whom and by whose authority ? and have they otherwise beene disposed of , then to the said pious and charitable uses ? whether is there in your parish , a common fame and report of any which have committed adulterie , fornication , or incest , or any baudes , harbourers , or receivers of such persons , or vehemently suspected thereof , if yea , then specifie their names ; whether have you any in your parish , which are by common fame and report and vehement suspition , reputed and taken to be common drunkards , blasphemers of gods holy name , common and usuall swearers , filthy speakers , railers , sowers of discord among their neighbours , or speakers against ministers marriages ; or vsurers , contrary to the sta●ute made in the 37. yeare of king henry the eighth ? you shall not faile to present their names . whether have any in your parish , received or harboured any women with child , suspected to be of a● incontinent life , or have had any such woman delivered of child in his or her house , or have suffered such women to depart without penance first inflicted upon them by the ordinary , if yea , you shall present as well the partie harbouring , as harboured , and all that help to conveigh them away , and the parties suspected to have committed adultery or fornication with them . whether doe you know , or have heard of any patron , or any having an advowson in your parish , that have made gaine by any colour , deceit , or symoniacall pact in bestowing his be●efice and presenting to the same for gaine , for or receiving money , or promise of the lease of the whole or part ▪ or by reserving his owne tithes , or any pension to himselfe , or any other ? what almes-houses , hospitals , free-schooles have you in your parish , that are not of t●e foundation or patronage of the king , and who was the patron or founder thereof , and whether the said almes-houses , hospitals , or free-schooles in your parish , being under the rule and government of the lord bishop of london , be well and godly used , according to the ancient foundations and ordinances of the same . whether any persons within your parish , either for the offences aforesaid , or for any other contumacy or crime , doe remaine excommunicated , what be their names , and for what cause , and how long have they stood excommunicated ? concerning church-wardens and sidemen . are you the churchwardens chosen by the ioynt consent of your minister and parishioners , or one of you by the minister , and the other by the parishioners : have the last churchwardens given up their accounts , delivering up to the parishioners the money remaining in their hands , and other things of right belonging to your church or chappell , and is the same delivered to you by bill indented ? 2 do you the churchwardens and sidemen diligently see that all your parishioners resort duly to your church or chappell , upon sundayes and holydayes , and there continue the whole time of divine service ? doe you suf●er any to walke or stand idle or talk in the church or in the church-yard , or church●porch , during that time , to the disturbance of the minister and scandall of the congregation ? you must present the names of such as offend herein ? 3 do you against the time of every communion , at the charge of the parish provide a sufficient quantitie of fine white bread , and of good and wholesome wine , for the number of the communicants ? and doe you doe the same with the advice and direction of your minister ? and the wine so provided , do you bring to the communion table in a cleane and sweet standing pot or flaggon ? 4 doe you the churchwardens and sidemen see , that the names of all preachers which come to your church from other places , be noted in a booke prouided for that purpose ? and doth every such preacher subscribe his name in the said booke , the day when he preached , and the name of the bishop of whom he had licence to preach ? 5 if there be any publike dissension and contradicting in your pulpit , betweene the minister of your church or chappell , and any other preacher or preachers , whereby disq●ietnesse and offence may grow among the people , doe you forthwith signifie the same unto the bishop , and not suffer the partie to enjoy the place so by him abused , untill the bishop hath taken further order in it ? 6 doe any person or persons , trouble or molest you the churchwardens , for presenting all or any of those persons , which do off●nd in any of the premisses , who are they that doe so molest or trouble you , and before whom , and in what court doe they so molest you ? 7 doe you the churchwardens leuie by way of distresse , on the goods lands and te●ements of every person in your parish , that doth not re●ort unto your parish church or chappell on every sunday and holy-day throughout the yeare , ( having no reasonable excuse to bee absent ) the ●umme of xii . pence , for every sunday or holydaie that he is so absent ? and doe you dist●ibute the severall summes so levied as before is said , among the poore of the parish , according to the law in that case provided ? 8 have you had time sufficient for drawing up of your presentments ? ●ow long is it since this booke of articles was sent unto you ? have you ●erused and considered as well the oath you are to take , as the articles ●hereon to ground your presentments , and ●very branch and clause thereof , and have you framed your presentments punctually , according to the ●everall branches and clauses of those articles ? for know assuredly that as well the discharging of your office , is the chie●e me●●es whereby publike sinnes and offences may be reformed and punished , so if you wil●●lly omit to present such crimes as either you know to be commi●●ed , or otherwise have heard by publike fame , that in such cases your ord●naries are to proceed against you , as in causes of wilfull perjurie , in their ecclesiasticall courts ? concerning chancellors , registers , proctors , apparators , and other ecclesiasticall officers . is the chancellor , commissarie , or officiall , that exerciseth ecclesiasticall iurisdiction according as you know or have heard in holy orders of the ministerie , or if he be not , is he well affected and zealously bent towards religion , and such a man touching whose life no evill example is had ? 2 doe they or any of them substitute any in their absence to keepe court for them , that is not either a grave minister , and a graduate , o● a licensed publike preacher , and a benificed man neare the place where the courts are kept , or a batchellour of law , or a master of ar●s at the least , who hath some skill in the civill and ecclesiasticall lawes ? is he or they so substituted , a favourer of true religion , and a man of modest and honest conversation ? declare the truth according to your knowledge or best information in these particulars . 3 do they or any of them ( not being themselves in holy orders ) pronounce the sentence of excommunication , or leave it only to the bishop , and is the same pronounced only by the bishop , or by some grave man o● his appointment , which is in the ministery ? or doe they or any of them absolve any that are excommunicated at his or their owne house or houses , or otherwise in private houses , or only openly and in the consistorie● declare your knowledge in this point . 4 doth your chancellor , archdeacon , commi●sarie or officiall take upon him , or them to a●ter any penanc● enjoyned without leave o● the bishop ? have they or either or any of them , comm●ted any penan●● with any dwelling in your parish ? what summe of monie hath beene taken for the said commutation ? is the said summe made knowne unt● you in the congregation either by the penitent himselfe , or by the ministe● of your parish , as by the canons of the yeare 1597. it ought to be ● an● being so made knowne , hath the same summe or summes of monie , bee● distributed on the poore of your parish ▪ or otherwise bestowed upon pio●● uses ? and on what pious uses , as you have beene credibly informed , wa● the samebestowed ? 5 doth your chancellor , archdeacon , of●iciall , or other ecclesiasticall iudge , suffer any generall processe of quo●um nomina ▪ to be sent out of the court , except the names of all such as be cited ▪ are first expres●●e entered by the hand of the register or his deputie , and the said proc●sses and names be subscribed by the iudge or his deputie , and his seale of office thereto affixed ? 6 doth the chancellor , or any commissarie within your diocesse , cite any of your parish for any crime into his court , that hath beene formerly detected or presented to the archdeacon ? or doth your archdeacon cite any dwelling in your parish , to appeare before him for any ●rime presented to the chancellor in his uisitation ? by which of the two aforesaid iuris●ictions was the partie offending cited last ? 7 doth your chancellor , commissarie ▪ archdeacon , officiall , or any other using ecclesiasticall iuris●iction , speede any iudiciall ▪ act except he have the ordinary ▪ register of the court , or his lawfull deputy , or else such persons to write and speed the same , as are by ●aw allowed in that behalfe ? or have they , or either , or any of them , without the bishops consent any moe seales then one , for the sealing of all matters incident to his or their office ? and doth the said seale remaine in the custodie of the iudge himselfe , or of the lawfull substitute by him appointed ? and is the same kept in the citie or principall towne in the ●ountie , as the law requireth ? 8 doth your chancellor , commissarie , archdeacon , officiall or others exercising any ecclesiasticall iurisdiction , or eith●r or any of them , appoint such place or places for the keeping of their courts , as are convenient for the entertainment of those that are to make their appearance there , and most indifferent for travell ? and doe they end in their courts in such convenient time or times , as every man may returne homewards in as due season as may be ? 9 hath any register unto your knowledge , or as you have credibly beene informed , receiued wittingly any certificate without the knowledge of the iudge ? or willingly omitted to call any persons cited to appeare upon any court day ? or that hath unduely put off , and deferred the examination of witnesses to be examined by a day , set and assigned by the iudge ? or that hath set downe or enacted any thing false , or conceited by himselfe , as decreed by the iudge , or not as so ordered or decreed by the iudge ? or that hath received any reward in any causes whatsoever in favour of any partie , or that is of counsell directly or indirectly with either of the parties in suit ? declare your knowledge in these particulars . 10 do●h any register or any other minister of ecclesiastical courts or any of the iudges of the said courts take or receive any other or greater fees , then such as were ratified and approved by the archbishop of canterbury , anno 1597. and contained in the tables of fees , for that purpose made : and are two tables , containing the severall rates and summes of the said fees , set up according to the law in that case provided ? that is to say , one of them in the usuall place or consistorie where the court is kept , and the other of them in the registry , or registers office ? and are they set up in such sort that every man whom it concerneth may without difficultie come to the view thereof and take a copie of them if they so desire ? and doth any register or other ecclesiasticall officer take more for shewing letters of orders ▪ then is appointed in the 137. canon ? 11 doth any proctor take upon him to appeare in any cause or pretend to be entertained in the same , unlesse hee be constituted and appointed by the party himselfe either before the iudge and in open court , or by sufficient proxie con●●rmed by some authenticall seale , the parties ratification therewithall concurring ? if you know any such present him , that so he may be punished as the law provides ? or doth any proctor ●ake the oath in animam domini , in any cause what ever , contrary to the ordinance of holy church ? 12 how many apparatours have you in your dioc●sse or archdeaconrie , as you either know or doe conjecture ? doe they or any of them execute their office by themselves or by their deputies ? and if by their deputies , then is the cause of such their deputation and employment made knowne and approved of by the ordinary of the place ? doe they take upon them the offfce of promot●rs or informers for the court , or exact more or greater fees then are prescribed in the tables before remembred ? what other abuses and aggrievances can you complaine of justly in the said apparators ? whether any archdeacon or officiall within the diocesse of london hath or doth commute or change any p●nance or corporall punishment , in whole or in part , and what money such archdeacon or officiall hath received , what 〈◊〉 offence was for which any summe of money was received , or appointed to be paid ? set downe the particulars of the premisses . whether any archd●acon or officiall , or his surrogate , have within thes● three yeares last past , granted any licences for the marriage of any parties in your parish church , or elsewhere , whether hath your minister by vertue o● the said licences , so married them , and by whom the said licences were so granted , and you are likewise required by vertue of your corporall oath to make diligent search in the register booke of marriages kept within your parish , what parties have beene married by the said authoritie , and if you know any such , present their names , and places where they dwell . whether have you in your parish any curats , schoolemasters , physitians , ch●●urgions , parish clarkes , or midwives , licensed by any other authority than of the lord-bishop of this diocesse , or his chancellor , and whether any fees have beene demanded or received by any other besides the lord bishop of this diocesse , or his chancellor , in the lord bishops visitation , for exhibiting the said licences ? whether any commissarie , archdeacon , or officiall , have at any time , especially within these three yeares last past , intermedled in the placing or displacing of any persons in pewes , in your parish churches , or have granted any confirmation of seates , under his seale of office , or by his authority hath caused to be removed the pulpit , or font , or reading deske f●om their ancient and accustomed place , or given way to making of doores or windowes in churches or chappels , or erecting of galleries ? whether any commissarie , archdeacon or officiall have proved the wils , or granted administration of the goods of any beneficed man or curat dying within his iurisdiction , or of any other person being in holy orders ? the charge of the church-wardens and sworn men set downe for the better performance of their duties , and discharge of their oaths . they are not to bring in any bills into the archdeacons court upon the articles to be enquired of in their visitation , by reason of my lords visitation , but only now during the said visitation , to make their presentments upon these articles . they are therefore charged , that after their oath taken , and their returne home , they doe require their minister to reade over both the book of canons or constitutions , set forth by his majestie , in the convocation holden in the year of our god , 1604. and also these articles unto them , and to consider of every particular article , and of the offences by them to be presented , as also of such persons in their parish as shall bee noted to offend in the same : and so the church-wardens and side-men assembling themselves together within some convenient time , are to make their bill , answering every article by it selfe , before the time hereafter appointed them , which bill shall be signed with the hands of all the church-wardens and side●men , with conference had with their minister upon the said bill of presentment , who , according to the 26. canon ▪ is to see that the said church-wardens doe their duties in presenting , upon the penaltie in the 26. canon prescribed . these bills shall be brought by both the church-wardens at the delivery of your bill of presentment , at the time and place before set downe , you the church-wardens are likewise in the said bill , to set downe the names of all such as have died within your parish at any , time since the day of iuly last past being men , maides or widowes : and what person or persons have beene married since the said time , and by what licence or authority : and likewise you the minister , church-wardens and side-men of every parish , must in the end of the said bill of presentment , set downe , the number of all recusants , and non-communicants as followeth recusants men — recusants women . — non-communicants of both sex . — communicants of both sex in the whole parish so setting down the number of every one , you the minister , church-wardens and side-men must put your hands to the said note . finis . notes, typically marginal, from the original text notes for div a00214e-140 can. 5. can. 4. can. 6. can. 9. can. 3. can. 7. can. 8. art. 20. 34. can. 2. & 1. ●an . ● 4 can. 12. can. 10. can. 11. can. 72. can. 73. can. 85. can. 82. rubr. before morning prayer . orders of queene elizabe●● , an. 1561. ib. order ● . can , 85. can. 88. injunct . of q ▪ eliz. orders of q ▪ eli● . can. 82. com. book . can. 20. can. 81. can. 82. 83. can. 84 can. ●7 can. 58. can. 80. can. 70 ▪ can. 52 can. 70 rubrick after the pre●ace . can. 14 ▪ rub●i●k of the common p●ayer booke ▪ can. 15. rubr. f●●r the communion . can. 4● can. 4● 46 ▪ can. 47 can. 48 rubr ▪ cap. 4. can. 55 can. 55 ▪ can. 56 can. 5● can. 5● can. 21 ▪ can. 2● ▪ can. 26 ▪ can. 27. ●ubr . ●an . ●1 . ●ubr . ●an . 21. rubr. & can. 28. 57. can. 71 ▪ instructions . can. 6● ▪ rubr ▪ o● bap. can. 30. can. 29. can ▪ 69 can. 61 can ▪ 59. rubr. of con●ir . inst●ucti●ns ▪ rub. of confirm . can. 62. rubr ▪ of matrimo●ie . can. 87. rubr. of ●isitation . rubr. of visitation . can. 130 rubrick of com. can. 68. rubr. can. 1. can. 64. rub. of com. injunctions and adver●isements of q eliz●b . can. 48. can an. 1571. cap. ult. can. 65. can. 74. can. 75. can. 76. can. 66 ▪ can. 66. can. 114 can. 70. can. 77. can. 78. can. 79. can. 91. can. 67. can 109 can. 110 can. 114. q eliz. ● . ● 1 e●z . c. ● can. ann● 157 1. c● . 5 can. 111 can : an● 1571. can. 18. can. 18. can. 114 rubr. can. 122 rubr. ●nvi●ation ●an . 58. rubr of b●● can. 59 can. 91 can. 8 can. 6● can. 10 can. 9 can. ● ●●n . 89 can. 90 ▪ can. 19. 90 can. 20. can. 52. can. 53. can. 115● 1. eliz. ● . ●● ca● . 1571 ▪ can. 119 can. ●6 . c●n . 117 can. art. 1571. p. 11. can. an. 1603. c. 127. can. 178 can an. 1571. can. an. 1571. & 1597. can. 120 ▪ can. 12● . can. 123 ▪ can. 125. ca● . 134 〈…〉 can. 136 can. 137 can. 1●9 can. 138 the rebells catechism composed in an easy and familiar way to let them see the heinousness of their offence, the weakness of their strongest subterfuges, and to recal them to their duties both to god and man. heylyn, peter, 1600-1662. this text is an enriched version of the tcp digital transcription a43548 of text r23968 in the english short title catalog (wing h1731a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 76 kb of xml-encoded text transcribed from 17 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a43548 wing h1731a estc r23968 07933929 ocm 07933929 40533 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a43548) transcribed from: (early english books online ; image set 40533) images scanned from microfilm: (early english books, 1641-1700 ; 1207:22) the rebells catechism composed in an easy and familiar way to let them see the heinousness of their offence, the weakness of their strongest subterfuges, and to recal them to their duties both to god and man. heylyn, peter, 1600-1662. [1], 29 p. s.n.], [oxford? : printed 1643. reproduction of original in the bodleian library. eng government, resistance to. great britain -history -charles i, 1625-1649. great britain -history -civil war, 1642-1649. a43548 r23968 (wing h1731a). civilwar no the rebells catechism. composed in an easy and familiar way; to let them see, the heinousness of their offence, the weakness of their strong heylyn, peter 1643 13210 31 25 0 0 0 0 42 d the rate of 42 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2002-08 tcp assigned for keying and markup 2002-10 aptara keyed and coded from proquest page images 2002-11 jennifer kietzman sampled and proofread 2002-11 jennifer kietzman text and markup reviewed and edited 2002-12 pfs batch review (qc) and xml conversion the rebells catechism . composed in an easy and familiar way ; to let them see , the heinousness of their offence , the weakness of their strongest subterfuges ; and to recal them to their duties both to god and man . rom. 13. 2. whosoever resisteth the power , resisteth the ordinance of god ; and they that resist , shall receive to themselves damnation . printed , 1643. to the christian reader . reader , thou must not look for all things new , in a point so agitated , so throughly discussed and canvassed as this hath been . 't is well if they who come behind both in time , and knowledg , add any thing though it be but little , unto those before them . all i shall promise thee in this short discourse , is that i have contracted into a narrow compass , what i found scattered and diffused in many & those larger tractates : which i have offered to thy view in a more easie and familiar way than hath been formerly presented . and some thing thou shalt meet with here , which thou half not found in any other discourses of this argument , besides the fashion and the dress . these are the most prevailing motives i can lay before thee , to tempt thee to the studying of this catechism : which if it shall confirm thee in thy duty unto god and the king , or reclaim thee from thy disaffections unto either of them , it is all i aim at . and so fare thee well . january 25. 1643. the rebel's catechism : composed in an easie and familiar way ; to let them see , the heinousness of their offence , the weakness of their strongest subterfuges ; and to recall them to their duties both to god and men . 1. question . who was the first author of rebellion a. the first author of rebellion ; a the root of all vices , and the mother of all mischief , ( saith the book of homilies ) was lucifer , first gods most excellent creature , and most bounden subject , who by rebelling against the majesty of god , of the brightest and most glorious angel , became the blackest and most foulest fiend and devil , and from the height to heaven , is fallen into the pit and bottom of hell . 2. q. how many sorts of rebellion are there ? a. three most especially , that is to say , the rebellion of the heart , the rebellion of the tongue , and the rebellion of the hand . 3. quest . what is the rebellion of the heart ? ans. the rebellion of the heart , is a rancorous swelling of the heart against the authority and commands of the supreme power under which we live : which tho it be so cunningly suppressed and smothered , that it break not out either into words or deeds , yet makes a man guilty of damnation in the sight of god . and this is that of which the wiseman tells us saying , curse not the king , no not in thy thought , for a bird of the air shall carry the voice , and that which hath wings shall tell the matter . eccles. 10. v. 20. 4. quest . what is the rebellion of the tongue ? ans. the rebellion of the tongue , is a malicious defaming of the person , actions , parts , and government of those sovereign princes to which the lord hath made us subject , of purpose to disgrace them amongst their people , to render them odious and contemptible , and consequently to excite their subjects to rise up against them . of this it is whereof the lord god commanded saying , thou shalt not speak evil of the ruler of thy people ; exod. 22. 28. acknowledged for a divine precept by st. paul , acts 23. 5. see to this purpose also that of solomon , prov. 24. v. 21. where it is said , it is not fit to say unto a king thou art wicked ; and if it be not fit to speak evil to him , assuredly it is as unfit to speak evil of him . and finally of this it is that b aristotle the philosopher tells us saying , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , he that speaks evil of the magistrate offends against the common-wealth . but i must let you know withal , that tho this of the tongue be a distinct species of rebellion , and so judged in law : yet many times this and the other of the heart , are but the ground and preparations to the rebellion of the hand , or actual rebellion , as they call it commonly . and this appears most plainly in the story of absalon , whose heart first swelled against his father , for being so difficult in restoring him to his court and presence , upon the murder which he had committed on his brother amnon , ( 2. sam. 14. v. 24 , 28. ) and his tongue found the way to disgrace his government , which he accused of negligence and injustice , to the common-people ( 2 sam. 15. v. 2 , 3 &c. ) before he blew the trumpet , and took arms against him , and made him flee with some few servants , from the royal city , v. 14. but here we take it not for a preparation , but for a species distinct , as before was said . 5. quest . why do you call the swellings of the heart , and the revilings of the tongue by the name of rebellion , considering that the law which punisheth rebellion with no less than death , doth take no cognizance of mens thoughts ; and that when c gervase shelvey of sandwich said lately to a gentleman of that town that if the king came thither he would shoot the rogue , for which he was imprisoned by the major now being , it was resolved by the high court of parliament , that these words were but a misdemeanour ; and so he was released again . ans. the house of commons , which you call the high court of parliament , did not so much deliver their judgment in the case aforesaid , as betray their disaffection in it to his majesty , whose person they endeavour to destroy that they may keep his power still amongst themselves . or if they did , it was a very false and erroneous judgment , directly contrary unto the resolution of my lords the judges , and other sages of the law in all former ages , d by whom it is affirmed expresly , that if any man e do compass or imagin the death of our lord the king ( as all rebels do ) and doth declare the same imagination by any overt fact , either deed or word , he shall suffer judgement as a traitor , licet is id quod in voluntate habuit , ad effectum non perduxerit , as f bracton hath it , altho it do not take effect , and go no farther than the thought or purpose of the first contriver . upon which ground it was , no question , that shimei suffered death by the hands of solomon . for altho david spared him upon submission , because he would not intermix the joy of his return unto hierusalem with any sad and mournful accident ( as that must needs have been unto shimei's friends ) 2 sam. 19. 22. yet he gave order to his son to bring his hoary head down to the grave with blood , because he had cursed him with a grievous curse in the day when he went to mahanaim , 1 kings 2. 8. which was accordingly performed by solomon , v. 46. 6. quest . but shimei's case can be no precedent to us , who are not governed by the iudicial law of moses , but by the common law of england , and the ruled cases in that law ▪ and therefore tell me , if you can , whether our own books of afford you any of the like examples . answ. our own books do afford us many : as viz. in the case of walker a citizen g of london , and that of mr. burdet g an esquire of warwickshire , both executed in the time of king edward 4th ▪ for words which might be construed to a treasonable and rebellious sense , tho perhaps no ill meaning was intended ; that of the windsors h butcher in the reign of king henry 8th ▪ for saying that rather than sell his meat at so mean a rate , he would send it to the rebels in the north ; and finally of one oldnoll , one of the yeomen of the guard in queen maries time , i who had judgment of death for certain traiterous and seditious words spoken against her majesty , altho no insurrection or rebellion did ensue upon them . for the particulars , i must refer you to our law books and the common chronicles . 7. quest . proceed we now unto your third and last sort of rebellion , and tell me what you mean by the rebellion of the hand , and how many sorts there are of it . answ. the rebellion of the hand is of two sorts , whereof the first is the composing & dispersing of false & scandalous books and pamphlets , tending to the dishonour of the king , his subordinate officers , & form of government , of purpose to alienate the affections of his subjects from him , and make them the more apt to rebel against him . and this is punishable with death also by the law of england , as may appear by the examples of k bugnall , scot , heath , and kennington , being sanctuary men , in s. martins legrand london , who had judgment to be hanged , drawn , & quartered in the time of k. hen. 7th ▪ for setting up seditious bills to the scandal of the king and some of his council : of penry , udall , barrow , greenwood , studley , billott , and bowdler , l zealous puritans all , all of which were condemned and three of them hanged in q. elizabeths time , for writing treasonable & seditious books , by wch the peace of the kingdom might have been disturbed , tho no rebellion followed on them : of copping and thacker , m who were hanged at s. edmunds bury in the said queens time , for publishing the pamphlets writ by rob. browne against the book of common-prayer ; which compton thus reports in his lawyers french , n deux executez pour poublier les livres de robert browne , encontre le livre de common praut . and finally witness the example of mr. williams o a barrister of the middle temple , who was executed in king iames his reign for writing a defamatory book , against the said king and his posterity . 8. quest . what is the other sort of that rebellion , which you call the rebellion , of the hand . answ. the other sort of the rebellion of the hand , is that which commonly is called actual rebellion , and is defined by the statute of the 25 of king edward 3. p to be a levying of war against our sovereign lord the king in his realm , or an adhering to the kings enemies in his realm , giving to them aid and comfort in the realm or elsewhere . and so it is determined also in the civil laws , by which all those , q qui arripiunt arma contra eum cujus jurisdictioni subditi sunt , who take up arms against such persons to whose authority they are subject , are declared to be rebels . where note , that not the open act only , but the attempt & machination is brought within the compass of rebellion . rebellio ipse actus rebellandi est , qui non solùm facto sed machinatione committitur , as those lawyers tell us . r and it is worth our observation that not only the bearing arms against the king is declared to be rebellion by the law of england , but that it was declared to be rebellion by the chief judges of this kingdom s at the arraignment of the earl of essex ( the father of him who now is in the head of this rebellion ) for any man to seek to make himself so strong , that the king should not be able to resist him , altho he broke not out into open act . 9. quest . what is the end that rebels do propose unto themselves , when they put themselves into rebellion ? ans. the deposition & destruction of the king in possession , & an alteration of the present government . and so it was determined by the joint consent of all the judges t at the arraignment of the earl of essex above mentioned , by whom it was resolved for law , that in every rebellion there was a plot upon the life and deposition of the prince ; it being not to be conceived that the rebels would suffer him to live or reign● who might have opportunity in the change of things , to punish them for their rebellions , and avenge himself upon them for their treasons . and this they did confirm by the civil laws , and further justifie and confirm by the strength of reason , with which it seemed inconsistent , ut qui semel regi jus dixerit , that he who had once over-ruled his king by force of arms , should either suffer him to live , or recover the possession of his realm again . all which they made good by the sad examples of king edward the second , and king richard the second , who did not long enjoy either life or crown , after they came into the hands of those who rebelled against them . 10. qu. but those examples which you speak of , were in times of popery ; have you the like to shew since the reformation ? answ. i would to god we had none such , but we have too many . for not to look into our neighbouring realm of scotland , and the proceedings of some there ( who called themselves protestants ) against their queen ; the rebellion plotted by the earl of essex in queen elizabeths time , ( though there was nothing less pretended ) was to have ended in the death of the queen , and the alteration of the government . for as was afterwards confessed by some of his accomplices , the secret part of the design , was to have seized upon the queen , and secured his adversaries in the court ; whom when he had condemned and executed , u parliamento indicto reipub ▪ formam immutare statuit , he then resolved to call a parliament , and settle a new form of government . which how it could be done , and the queen alive , i believe you know not . and so much was acknowledged by the earl himself , after the sentence of death was passed upon him , when he affirmed to certain of her majesties council , reginam sospitem esse non posse si ipse supersit , x that whilst he lived it was not possible for the queen to continue in safety . thus have you seen the main design of that rebellion ( as of all others whatsoever ) what his pretences were which he cast abroad , the better to seduce the people , i shall not stick to tell you if you put me to it . 11. quest . i shall not trouble you with that at this present time . but being you say , that levying of war against the king is properly and truly to be called rebellion , i would fain ask , whether you mean it only in such cases where the subjects take up arms out of pride and wantonness ; or in such also when they are necessitated and inforced unto it in their own defence ? answ. i mean it equally in both cases , tho of the two , the former be more odious in the sight both of god and man . for even defensive arms , as your party calls them , are absolutely unlawful in the subject against his sovereign : in regard that no defensive war can be undertaken , but it carrieth a resistance in it y to those higher powers , to which every soul is to be subject . which powers being obtained by almighty god , it followeth by the apostle's logick ( who was a very able disputant ) that they who do resist the powers , resist the ordinance of god , z and consequently shall receive to themselves demnation . a rule which took such deep impression in the primitive christians , that though for personal valour , numbers of men , and leaders able to conduct them , they were superiour to the adverse party in the roman empire ; yet they chose rather to expose their lives unto the merciless fury of the persecutors , than take up arms against their princes , or disturb the peace of their dominions , under pretence of standing in their own defence , being so tyrannically and unjustly handled . for proof whereof , we may alledg tertullian , a cyprian , b lactantius , c and some other d antients , whose words we will produce at large , if you think it necessary . 12. quest . you need not put your self to that trouble . for we deny not that the antient christians did rather choose to suffer , than to take up arms ; e but when we say , that tho they were exceeding numerous , yet they were not formed into states and kingdoms , and that when they were once estated in laws and liberties , as in france , holland , scotland , germany , they made no question then to defend themselves . what can you answer unto that ? answ. i trow the roman empire was a setled state , as strongly cemented with all the ligaments of power and policy , as any one of these you mention ; and that the subjects of that empire had their laws and liberties , which as their ancestors had received from the indulgence of their emperors , and the roman senate , so they transmitted them to their posterity . and yet when all the empire had received the faith in the time of constantine , and that no religion but the christian had publick countenance from the laws , during the most part of his reign , and the whole reign of his three sons ( which was for fifty five years , no fewer , ) the subjects kept themselves to their former principles . insomuch that when the emperour iulian began to intrench upon their liberties , and infringe those laws , which had been granted them by the grace and goodness of those princes ; they knew no other way , nor weapons , by which to make resistance to such lawless violence , but their prayers and tears . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , f and this was all the medicine which they had to cure that malady , as we find in nazianzen . the like i could produce from st. ambrose also , g were not this sufficient . and for your instances of france , holland , scotland , germany , which you have mustered up to make good your cause ; i am sorry for the protestant religions sake , that you have furnished me with so many examples of rebellions since the reformation ; some of which ended in the death , and others in the deposition of their natural princes . which was a point you seemed to doubt of in your tenth question . 13. quest . but tell me seriously , do you conceive that all resistance of this kind made by force of arms , may be called rebellion ; and that there are no cases which may make it lawful , and warrantable by the laws of god or man ? answ. your question hath two several parts , and must receive two several answers . and to the first i answer seriously ( it being now no time to trifle ) that all resistance of the kind you speak of , nor only may be called rebellion , but is rebellion in the true and natural sense of the word . for if ( as the civilians say ) rebellis dicitur inobediens principi circa concernentia prosperitatem imperii , h that every one may be said to be a rebel , who yieldeth not obedience to his prince in all such particulars , as do concern the flourishing estate of his dominions ▪ assuredly he is a rebel in the highest degree , who takes up arms against his sovereign ( whatever his pretences be ) and by so doing doth embroil his kingdoms in all these miseries , which most inseparably are annexed to a civil war . now frame the second part of the present quere , into a distinct question of it self , and i will give such answer to it , as i hope shall satisfie . 14. quest . my question is , whether the condition of the persons which are ingaged in such resistance , the grounds on which they go , and the end they aim at , make not an alteration in the case : so that resistance qualified by these several circumstances , become not warrantable by the laws both of god and man ? answ. the answer unto this is already made in the book of homilies ; where it is said , that " though not only great multitude of the rude and rascal commons , but sometimes also mention of great wit , nobility , and authority , have moved rebellion against their lawful princes ; though they should pretend sundry causes , as the redress of the commonwealth , or reformation of religion , tho they have made a great shew of holy meaning by beginning their rebellion with a counterfeit service of god , and by displaying and bearing about divers ensigns and banners , which are acceptable unto the rude ignorant common , people , ( great multitudes of whom by such false pretences and shews they do deceive and draw unto them ) yet were the multitudes of the rebels never so huge and great , the captains never so noble , politick and witty , the pretences feigned to be never so good and holy , yet the speedly overthrow of all rebels , of what number , state or condition soever they were , or what colour or cause soever they pretended , is , and ever hath been such , that god doth thereby shew that he alloweth neither the dignity of any person , nor the multitude of any people , nor the weight of any cause , as sufficient for which the subjects may move rebellion against their princes . " so far the very words of the book of homilies . 15. quest . why do you tell us thus of the book of homilies , composed by a company of ignorant bookmen , men utterly unskilful in the laws of the land . think you that we ascribe to them so much authority , as to be over-ruled by them in this case ? answ. it may be not . but i must tell you that there was a statute made in the thirteenth year of queen elizabeth , k entituled , an act for reformation of disorders in the ministers in the church , &c. in which it was enacted amongst other things , that all who were to be admitted unto holy orders , or instituted into any ecclesiastical preferment should first subscribe unto the articles of religion agreed upon in convocation , anno 15●2 . one of which articles recites the names and titles of each several homily , and approves their doctrine . so that although the homilies were at first composed by men unskilful in the laws , as you please to say , yet they received both strength and approbation from the skilfullest lawyers of those times , convened with the nobility and gentry in the court of parliament , and consequently have as much authority as the parliament could add unto them . but since you are not pleased with this general answer , give me your doubts and queres in particular , and see what i can say unto them . 16. quest . first then , i ask , whether if the king become a tyrant , it be not lawful in that case to bear arms against him ? answ. yes , if g. buchanan may be judg , l who tells us plainly , that he would have rewards proposed to such as should kill a tyrant , as formerly there were for those who destroyed wolves . but if s. paul may rule the case we shall find it otherwise . for if we ask to whom it was that the apostle did command subjection to be given even by every soul , to whom it was that he forbad resistance to be made upon pain of damnation ; m we shall find it was no other than the emperour n nero , the greatest tyrant , the bloudiest and most terrible prince , the greatest monster of mankind , that ever yet was born of woman . yet st. paul writing to the romans , over whom he did so cruelly tyrannize , commanded every soul to be subject to him , not for wrath only but for conscience sake , and that upon the pain and peril of damnation , no man should be so bold as to resist his power , or rebel against him . and doubtless nebuchadnezzar was a mighty tyrant , one who had taken from the iews , their , laws , their liberty , their religion , o and whatsoever else was most dear unto them . yet were the iews commanded to submit unto him , and patiently to bear the yoak which was laid upon them ; and not to hearken to their prophets , not to their diviners , nor unto their dreamers ( mark it , for this is just your case ) which speak unto you , saying , ye shall not serve the king of babylon , for they prophesie a lye unto you that ye should perish , jerem. 27. v. 9. finally , to oppose the saying of an heathen man , unto that wicked speech of him who did pretend so much unto reformation , we find it thus resolved in plutarch , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , p that it was contrary both to positive laws , and the law of nature , for any subject to lift up his hand against the person of his sovereign . 17. quest . is it not lawful to bear arms against sovereign princes , for the preservation of religion ? answ. yes , for those men who place religion in rebellion , and whose faith is faction ; but for no men else . the iews might well have pleaded this against nebuchadnezzar when he destroyed their temple , and forbad their sacrifices ; and the christians in tertullian's time ( when they were at the strongest ) against the emperour severus , who did not only labour to suppress religion , but utterly to root out the professours of it ; and yet the contrary doctrine was then preached and practised , as before was shewed you . what weapons the poor christians did make use of in the time of iulian the apostate , in his endeavours to subvert the gospel , and establish paganism again in the place thereof , we told you lately out of nazianzen : and shall now add , that the christian party was then so strong and powerful in the roman armies , that when iovinian was elected emperour on the death of iulian , the soldiers with one voice cried out , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , q that they were all christians . so that it was not consciousness of their own weakness , nor the fear of wrath ; but conscience of their duty , and the fear of god , which made them patiently submit to the present storm . thus when the younger valentinian endeavoured to supplant the true religion , and to set up arianism , to which he strongly was addicted , the tyrant maximus made offer to s. ambrose of his arms and forces , the better to inable him to resist the arians , and to preserve the true religion : r but the good father absolutely refused the offer . and though he was so well beloved and honoured by the people generally , that he could easily have armed them against the emperor , & crushed the arian faction in the court , by whom his councils were directed ; yet he betook himself to no other weapons than his prayers and tears , the ancient weapons of the christians . coactus repugnare non novi , dolere potero , potero flere , potero gemere ; aliter nec debeo nee possum resistere ; s other resistance knew he none , tho prest and opprest too , then his tears and prayers . 18. quest . what if he violate our laws , and infringe our liberties , may we not then bear arms against him ? answ. somewhat in answer unto this you received before , in the command imposed upon the iews by the prophet ieremy , not to rebel or take up arms ( which come both to one ) against nebuchadnezzar king of babylon , t although he did so tyrannize and lord it over them , that neither their old laws nor liberties were a jot regarded . but that which i shall tell you now , it s. pauls case in the 23. of the acts . being brought to plead his own cause , and the gospels too , before the council of hierusalem , in the first entrance of his plea , the high priest ananias commanded them that stood by to smite him on the mouth ; u and sitting there to judge him after the law , commanded him to be smitten contrary to the law . s. paul , upon the apprehension of so great an injury , so plainly contrary unto the laws , and liberties of the iewish subject , calls him whited wall , and threatneth him with vengeance from almighty god . x but finding that it was the high-priest whom he had reviled ( who had sometimes the supream government of the iewish state ) he cried peccavi out of hand , imputed his offence to ignorance , y i wist not , brethren , that he was the high priest ; and finally condemned himself with a scriptum est , saying , z it is written , thou shalt not speak evil of the ruler of thy people , if so , in case we may not speak evil of our rulers , when they smite us contrary to the laws , the subjects liberty , which is the rebellion of the tongue ; assuredly we may not take up arms against them under those pretences , which is the rebellion of the hand . 19. quest . what if the king be in the hands of evil counsellors , may we not take up arms to remove them from him ? answ. yes , if the earl of essex may be judg , whose father fell into rebellion under that pretence , a ut regnum ab impotenti quorundam dominatu liberaret , as to free the kingdom from some men who had got the queen into their hands , and consequently ingrossed unto themselves the principal managery of the commonwealth . but he had other aims than that , as before was told you ; and so had they that went before him in the self same road . when as watt tiler , and jack straw , and the residue of that rascal rabble had took up arms against king richard the second , they made the londoners believe ( who have been always apt to be deluded by the like pretences ) that when they had seized on the evil counsellors , b which abused the king , and brought them to a legal trial , then they would be quiet . but under this pretence they broke open prisons , robbed churches , murdered the king's good subjects , and finally arrived to so high an impudence , that watt tiler did not stick to say , that within four days all the laws of england should proceed from his mouth . c and when jack cade had drawn the kentish to rebel against king henry the sixth , he gave it out , that if he could get the king and queen into his hands , he would use them honourably ; d but if he could lay hands on any of the traytors which were about them , he would take care to see them punished for their misdemeanours . but in good truth the end and aim of the rebellion , was to depose king henry and the house of lancaster , in favour of the title of the duke of york . 20. quest . what if the king assaults a subject , or seek to take away his life ; may not the subject in that case take up arms against him ? answ. yes , if e paraeus may be judg , and some of the genevian doctors who have so determined . but david's case , which commonly is alledged in defence hereof , if looked on with the eyes of judgment , doth affirm the contrary . for david , though he had a guard of some friends and followers to save him from the hands of such wicked instruments , as saul in his unjust displeasure might have used against him : yet he preserved himself from saul not by resistance , but by flight , f by flitting up and down as the king removed , and approached near him with his armies . for had he had a thought of war , though defensive meerly , 't is probable he would have took the opportunities which were offered to him , either of seizing on sauls person when he had him all alone in the cave of engeddi , g or suffering abishai to smite him as he lay asleep in the hill of hachilah , h or at the least in making sure of abner and the host of saul , who lay sleeping by him . i but david was not so well tutored in the art of rebellion , as to secure himself this way , and wanted some of our new masters to instruct him in it . if from the practice of a pious and religious iew , we will look down upon the precept of a grave , wise , and learned gentile , we shall find this rule laid down in aristotle , k {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , that if the magistrate assault the person of a private subject , the subject may not strike again , nor lift hand against him . finally , that you may perceive how much all sorts of men do oppose your doctrines , calvin himself , although no friend to monarchy , doth affirm thus much , l qui privatus manum intulerit , &c. that any private person of what sort soever , who shall lift up his hand against his sovereign ( though a very tyrant ) is for the same condemned by the voice of god . 21. quest . perhaps we may so far agree with you , as to disable private persons from bearing arms , and lifting up their hands against kings , and princes of their own authority : but think you that inferiour magistrates are not inabled by their offices to protect the people , and arm them if occasion be , in their own defence ? answ. 't is true that some divines of the reformed churches , who either lived in popular states , or had their breeding at geneva , or thought the discipline by them defended could not be otherwise obtruded upon christian princes , than by putting the sword into the hands of the people , have spared no pains to spread abroad this dangerous doctrine ; in which they have not wanted followers in most parts of christendom . but s. paul knew of no such matter when he commanded every soul to yield obedience and subjection to the higher powers , and upon no occasion to resist those powers to which the lord had made them subject . so that although inferiour magistrates may expect obedience from the hands of those , over whom and for whose weal and governance they are advanced and placed by the prince in chief ; yet god expects that they should yield obedience to the powers above them , especially to the highest of all , than which there is not any higher . there is a golden chain in polities , and every link thereof hath some relation and dependence upon that before ; so far forth as inferiour magistrates do command the people , according to that power and those instruments which is communicated to them by the supreme prince , the subject is obliged to submit unto them , without any manner of resistance . men of no publick office must obey the constable , the constable is bound to speed such warrants as the next iustice of the peace shall direct unto him ; the iustices receive the exposition of the law from the mouth of the iudges ; the iudges have no more authority but what is given them by the king : and thereupon it needs must follow , that though the iudges direct the iustices , and the iustices command the constables , and the constables may call the people to their aid , if occasion be ; yet all must yield a free obedience , without reluctancy or resistance to the king himself . the reason is , because as kings or supreme magistrates are called gods ministers by s. paul , m so the inferiour or subordinate magistrates are called the kings ministers by s. peter , n submit your selves to the king , as unto the supreme ; next to such governours as are sent ( or authorized ) by him for the punishment of evil doers . besides , there is no inferior matistrate of what sort soever , but as he is a publick person , in respect of those that are beneath him , so is he but a private man in reference to the powers above him ; and therefore as a private person disabled utterly ( by your own rules ) from having any more authority to resist his sovereign , or bear defensive arms against him as well as any other of the common people . the government of states may be compared most properly unto porphyries tree , in which there is one genus summum , and many genera subalterna . now 't is well known to every young logician who hath learnt his predicabiles , that genus subalternum is a species only as it looks up to those above it ; a genus in relation unto these below it . if you have so much logick in you as to make application of this note to the present case , you will perceive inferiour magistrates to be no magistrates at all , as they relate unto the king , the genus summum in the scale of govenment , and therefore of no more authority to resist the king , or call the people unto arms , than the meanest subject . 22. quest . if so , then were the christian subject of all men most miserable , o in being utterly deprived of all ways and means , by which to free his country from oppression , and himself from tyranny . and therefore tell me if you can , what would you have the subject do in these extremities , in which you have deprived him of all means to relieve himself ? answ. that which the lord himself prescribed , and the saints have practised . when first the lord acquainted those of the house of israel , how heavy a yoke their violence and importunity in asking for a king , had pulled upon them ; he told them of no other remedy for so much affliction , but that they should cry out in that day , because of the king whom they had chosen . p no casting off the yoke when we find it grievous , nor any way to make it lighter and more pleasing to us , than either by addressing our complaints to the lord our god , or tendring our petitions to our lord the king . kings are accomptable to none but god , if they abuse the power which he gives unto them : nor can we sue them for a trespass in any other court , than the court of heaven . therefore when david had defiled the wife , and destroyed the husband , he thought himself responsal for it unto none but god , against whom only he had sinned , q as he saith himself . and thereupon s. ambrose gives this gloss on those words of david , homini ergo non peccavit cui non tenebatur obnoxius . r david , saith he , confesseth no offence to man , by whom he could not be impleaded ; but only unto god who had power to judg him . st. gregory of tours understood this rightly , when he did thus address himself to a king of france , si quis de nobis , &c. s " if any of us ( o king ) do transgress the laws , thou hast power to punish him ; but it thou goest beyond thy limits , who can punish thee ? we tell thee of thy faults as occasion serves , and when thou listest to give ear , thou dost hearken to us : which if thou shouldest refuse to do , who shall judg thee for it , but he that calls himself by the name of justice . " and that you may be sure , that it is no otherwise in england than in france and iewry , bracton , a great and famous lawyer of this kingdom , doth affirm expresly , that if the king proceed not in his government according unto law and right , there is no legal remedy to be had against him . what then is to be done by the injured subject ? locus erit supplicationi quod factum suum corrigat & emendet ; quod si non fecerit , satis ei sufficit ad poenam , quòd dominum expec●et ultorem . t all that he hath to do ( saith he ) is , that the doth petition him for relief and remedy ; which if the king refuse to consent unto , it will be punishment enough unto him , that he must look for vengeance from the hands of god . which said , he given this reason for it , because that no man is to call the kings acts in question , multò fortiùs contra factu● suum venire , must less , to go about to annul and avoid them by force and violence . 23. quest . we grant it to be true which you cite from bracton , as it relates to private and particular men ; but think you that it doth concern or oblige the parliament , which is the representative body of the kingdom ? answ. hoc sumus congregati quod & dispersi , u as tertullian tells us of the christians in another case . we shewed before that subjects were in no case to resist their sovereigns , in the way of arms , either as private persons on inferiour magistrates . and thereupon we may conclude , that the people of this realm in the diffusive body of it , having no power of levying war or raising forces to resist the king , without being punishable for the same , as in case of treason ; cannot enable the two houses of parliament , which are the representative body of it , to do those acts , which they want power to do themselves ; for no man can confer a power upon any other which is not first vested in himself , according to that good old rule , nemo dat quod non habet , and therefore if it be rebellion in the english subject out of times of parliament , to levy war against the king in his realm , or to adhere unto his enemies , and be aiding to them : i know not how it can excuse the members of the two houses of parliament from coming within the compass of that condemnation , if they commit such acts in time of parliament , and under the pretence of the power thereof , which are judged treason and rebellion by the laws of england . 24. quest . but master prynne hath learnedly removed that rub , x who tells you that the statute of 25. edward 3. runs ( only ) in the singular number , if a man shall levy war against the king , and therefore cannot be extended to the houses , who are many and publick persons ; what can you answer unto that ? answ. that mr. prynne having so often shewn malice , may have a little leave sometimes to shew his folly , and make some sport unto the kingdom in these useful times : for if his learned observation will hold good in law , it is not possible that any rebellion should be punished in a legal way ; because so many ( and some of them perhaps may be publick persons ) are commonly ingaged in actions of that wicked nature . and i suppose that mr. prynne with all his learning , did never read of a rebellion , that is to say , of a war levyed by the subject against his sovereign , plotted and executed by one man only , in the singular number . had master prynne affirmed on his word and credit , that the members of the two houses were not men but gods , he had then said somewhat which would have freed them from the guilt and danger of that dreadful statute . if he admit them to be men , and grant them to have levyed war against his majesty , or to be aiding to the rebels now in arms against him ; he both conclude them to be guilty of this great rebellion , with which this miserable kingdom in almost laid desolate . his sophistry and trim distinctions touching their quality and numbers will but little help them . 25. qu. we have another plaister which will salve that sore , viz. the difference that is made between the king's person and his power by which is it made visible to discerning eyes , that though the parliament have levyed war against the person of the king , yet they do not fight against his power , but defend it rather . and 't is not a resistance of the person but the power of princes , which is forbidden by saint paul . how do you like of that distinction ? answ. as ill , or worse than of the other , as being of the two the more serious folly ; and coming from an author no less factious ( but far more learned i confess ) than your other was . for if i do remember right , buchanan was the first that broached this doctrine in his book de jure regni apud scotos ; in which he tells us that saint paul in the place aforesaid doth not speak of magistrates , sed de functione & officio eorum qui aliis praesunt , but of the magistracy it self , the function or office of the magistrate , which must not be resisted , though his person may . which foolish fancy serving fitly for a cloak or vizard , wherewith to palliate and disguise rebellions , hath since been ofen used by those who pursue his principles , ( though never worn so thred-bare as of late , in your treacherous pamphlets : ) but draweth after it as many and as gross absurdities as the other did . for by this strange division of the king from himself , or of his person from his power ; a traitor may kill charles , and not hurt the king , destroy the man and save the magistrate , the power of the king in one of the armies may fight against his person in the other army , his own authority may be used to his own destruction , and one may lawfully set upon him , beat , assault , and wound him , in order to his preservation . so that you make the king like sosia in the ancient comedy , who being well beaten , and demanded who it was that did it , made answer , egomet , memet , qui nunc sunt domi , z that sosia , who was at home in his masters house , did beat that sosia which was abroad in his masters business . but questionless saint paul did better understand himself than either buchanan , or any of his followers since his time have done : who doth interpret the word power , which he useth in the first and second verses , by that of principes & ministri , rulers and ministers , which be useth in the third and fourth : which as it plainly shews that he meaneth the magistrate , and not the function or the office , as your masters tell you ; so doth it leave you liable to the wrath of god , if you endeavour to defend these wicked and rebellious courses by such wretched shifts . 26. quest . what say you then , if it appear that the two houses of parliament , ( for i use your terms ) are not subordinate to the king , but coordinate with him : y i hope then you will yield so far that the two houses have a power , if they cannot otherwise provide for the common safety , to arm the people of the realm against him , as against an equal . answ. we grant indeed , that people which have no superiour , but stand on equal terms with one another , if injured by their neighbours , and not receiving satisfaction when they do desire it , may remedy themselves by force , and for so doing by the law of nations , are esteemed just enemies ; but so it is not in the point which is now in question , the realm of england ( as it is declared by act of a parliament ) being on empire , governed by one supreme head and king , having the dignity and royal estate of the imperial crown of the same , unto whom● body politick compact of all sorts and degrees of people , divided in ●erms and by names of spirituality and temporality , been bounden and ought to bear next to god , a natural and humble obedience . assuredly , had the lords and commons then assembled , conceived themselves coordinate with the king in the publick government , they would not have so wronged themselves and their posterity , as to have made this declaration and acknowledgment so prejudicial thereunto , not only in a parliament time , but by act of parliament . besides , if this coordination which you dream of could be once admitted , it must needs follow thereupon , that though the king hath no superiour , he hath many equals , and where there is equality there is no subjection . but bracton tells you in plain terms , not only that the king hath no superiour in his realm , except god alone , but that he hath no equal , neither , parem autem non habet in regno suo , as his words there are b and then he gives this reason of it , quia sic amitteret praeceptum , cum par in parem non habet imperium , because he could not have an equal but with the loss of his authority and regal dignity , considering , that an equal hath no power to command another . now lest you should object that is spoken of the king out of times of parliament , but that when once the lords and commons are convened in parliament , the case is otherwise . first , you must think that had this doctrine been on foot in the times preceding , it would have been a great impediment unto frequent parliaments ; and that our king ▪ ( as others ) being very jealous even of the smallest points of sovereignty , would not admit of partners in the crown imperial , by the assembling of a parliament , having been used to reign alone without any rivals . and secondly , you may call to mind , that even sedente parliamento , during the sitting of the court , the lords and commons call themselves his majesties most humble and obedient subjects , which is not only used as a stile of course in such petitions as they use to present unto him , ( and by the way , 't is not the use for men of equal power to send petitions unto one another ) but it is the very phrase in some acts of parliament , c for which i do refer you to the book at large . and if they be his subjects , as they say they be , they cannot be his equals , as you say they are ; and therefore not coordinate with him , but subordinate to him ; by consequence the levying war against the king , no more excusable in them than the meanest subject . 27. quest . you take great pains to make the parliament , or the two houses , as you call them , to be guilty of rebellion against his majesty without ground or reason . for tell me seriously , think you the parliament hath not power to arm the people , and put them into a posture of defence against the enemies of the kingdom , if they see occasion ? answ. yes , if the king do give consent , and that there be such enemies against whom to arm them . for properly , according to the ordinary rules of polities , there is no power of raising forces , and putting the people into arms , but only in the prince or supreme magistrate . the civil laws have so resolved it . nulli prorsus , nobis insciis & inconsultis , quorumlibet armorum movendorum copia tribuatur d ; let none presume to levy forces , whatsoever the pretence or occasion be , without our privity or consent , saith the constitution . if you consult with the divines , saint austin , a most learned father , will inform you thus , that the natural course and arts of government accommodated to the peace and welfare of us mortal men do require thus much , ut suscipiendi belli autoritas atque consilium penes principes sit , e that all authority of making war and levying forces appertain only to the prince . and if you please to look on bracton , or any of the lawyers of your native country , they will tell you this , that the material sword is put into the hands of the king by almighty god , f that by the material sword is meant a power and right to look to the defence and preservation of the kingdom ; and that it is no less than treason to enter into any association , g or to raise a war without the kings consent , or against his will . and this the houses , as it seems , understood full well , when purposing to levy forces to begin the war , they took the kings authority along for company , and raised them in the name of the king and parliament , the better to seduce the people to a blinded rebellion . as for the enemies of the kingdom , against whom the subjects were to arm themselves by the appointment of the houses , i can tell of none ; no nor they neither , as i take it , unless they saw them in their dreams . and for your posture of defence , as you please to phrase it , ( besides that i have proved before , that even defensive arms are absolutely unlawful on the subjects part ) the war hath been offensive plainly on the part of the houses , which as it was contrived and followed without the least colour of necessity to induce them to it , so did it aim at nothing else than the destruction of the king , and the alteration of the government , which are the purpose and design of all rebellions , as before was told you . 28. quest . how prove you that the parliament did begin the war , that on their parts it was offensive , not defensive only , or that they had a purpose to destroy the king ? if you can make this good you shall gain me to you . answ. this point hath been so agitated and discoursed already , it were but labour lost to speak further in it . the votes and orders of the houses for putting the kingdom into a posture of war , the taking into their own hands the whole militia of the kingdom , raising of money , men , and horses , in all the quarters of the land , mustering their new-raised house and foot in finsbury-fields , and tuttle-fields , seizing upon the arms and ammunition which the king had bought with his own money , and laid up in his own magazines , before the king had either money enough to pay a soldier , powder enough to kill a bird , or men enough about him to guard his person from any ordinary force and violence ; what was all this but a beginning of the war ? and who did this but some prevailing men in the two houses of parliament , under the name and stile of the lords and commons ? then for the managing of the war , if it had been defensive only , as you say it was , what needed a commission to the earl of essex to kill and slay all such as opposed their doings ? what needed they have sent some part of their forces into hampshire , to pluck the town of portsmouth out of the kings hands , which by reason of the distance of it could not do them hurt ; another into dorsetshire to beat the marquess of hertford out of sherborne castle ; a third , and that the greatest part as far as worcester , and beyond it , to find the king , and give him battel before he was within an hundred miles of them ? what needed they have sent their emissaries into all the counties of the kingdom , to put the people into arms , in which the king had neither power nor party that appeared for him ; or to exhaust the blood and treasure of this nation , under pretence of settling their own privileges and the subjects liberties , when the king offered more by his frequent messages than they had reason to expect ? doubtless they could pretend no danger , as the case then stood , which might necessitate them to take arms in their own defence : and therefore now of late they have changed their terms , and do not make the war defensive meerly , but in part preventive . h it seems their consciences told them what they had deserved , and so for fear the king might right himself upon them when he was of power , they thought it best to strike the first blow and begin the quarrel ; in hope to make such sure work of it , that he should never strike the second . but to say truth , the war was not preventive neither on the houses part , but a design that had been plotted long before , and was made ripe for execution , when there was neither ground nor colour to possess the people with the fancy , that the king intended force against them . for what purpose else did sir arthur haslerig and m. pym sojourn two years together with mr. knightly , so near the habitation of the good lord say ? to what end held they correspondence with the discontented party in the country , and took such pains in canvassing for knights and burgesses ( when this present parliament was called ) in most counties , & c ? or to what end and purpose had the zealous citizens so used themselves unto their weapons , frequented the artillery garden , and stored themselves with arms in so large a measure , but that they were resolved to be in readiness when the time should come ? this if it were not a design , must be done by prophecy , not in the way of a prevention . 29. quest . but to the other point you spake off , touching the purpose which you say they had to destroy the king ; can you make any proof of that ? answ. i have already told you from the mouths of our greatest lawyers , that all rebellions aim at no other end then the destruction of the king , and the change of government ; and that this end was aimed at more especially in this particular rebellion . i shall tell you now , you cannot chuse but call to mind with what heat and violence , multitudes of the rascal people , as they flocked towards westminster , clamoured against his sacred majesty , even at whitehall gates ; and how seditiously they expressed the secrets of their traitorous hearts : some saying openly as they passed along , that the king was the traitor ; some , that the young prince would govern better ; and others of a more transcendent wickedness , l that the king was not fit to live . next look upon these very men , ( for out of them the body of their army was at first compounded ) trained to the wars , well armed , and marching furiously to find out the king , against whose sacred person , and most precious life , they had before expressed such a dangerous malice . then add to this , that when they came unto edge-hill , they bent their canon more especially , and spent the hottest part of their shot and fury towards that part of the battel in which ( according unto that advertisement which the villain blague had given their general , a man as full of discontent and malice , as the worst amongst them ) the king in person , and the two young princes meant to be . put this together , and compare it with some subsequent passages which have been desperatly vented in the house of commons ( touching the deposition of the king ) without check or censure ; and the inviting of a forreign nation to invade this kingdom , the better to effect their business , and tell me , if you can , what is aimed at else , then the destruction of the king , and his royal issue ? 30. quest . i must confess you put me to it , but i must take some time to consider of it , before i tell you what i think . in the mean season i have one more doubt to propose unto you , which if you can remove , i am wholly yours . the name of parliament is sacred to me , and i am loth to scruple any of those actions , which receive countenance and authority from the awful body . can you make proof that the party which remains at westminster have not the full authority of the two houses of parliament ? if you could make that clear , then the work were done . answ. i dare not take that task upon me ; it is too invidious : but i shall offer these few things to your consideration . first , it would seriously be considered , whether the king , whose presence , as the head of that awful body , gives life and motion to the acts and results thereof , do purposely absent himself to make their consultations frustrate and their meeting fruitless ; or that he hath been driven from them by force and violence ? secondly , whether such considerable numbers of the lords and commons , as are now absent from the houses , have left the houses and the service , for no other reason than for compliance with the king , and to serve his ends ( in hope of getting honours and preferments by him , ) or on the motion made by the rascal multitude , to have the names of these given up , who voted not with say , and pym , and other the good members of both houses ? thirdly , what mischief would ensue both to the church of christ , and the states of christendom , if when the greater and sounder part of parliaments and general councils shall be driven away , either by the threats and practices of the lesser , and the worse affected ; the less and the worse affected part may have the reputation of the whole body , and their actions countenanced by the name thereof ? fourthly , whether it be not one of the greatest prejudices which the protestants have against the council of trent , k that it was held in an unsafe place , which they could not come to without danger ; and that the prelates there assembled , were so prelimited by the popes instructions , or awed with an italian guard which was set upon them , under pretence of safety to their persons , from affronts and injuries , that they had neither freedom to debate the points which were there propounded , nor liberty of suffrage to determine of them ? fifthly , whether the king calling the expulsed party of the lords and commons to some other place , and summoning all the rest also to assemble there , may not with greater reason take unto themselves the name , the power , and reputation of a parliament , than the remaining party now at westminster , consisting seldom of above an hundred commons , and sometimes not above three lords , have challenged and usurped the name of the two houses ? sixthly and lastly , — 31. quest . hold , i must interupt you there . the king by writ appoints his parliament to be held at westminster , and by a subsequent act or statute hath so bound himself , that he can neither dissolve nor adjourn it without their consent ; how can he then remove it to another place , than that which was at first appointed ? answ. no doubt but he may do it with as good authority , as the two houses , or either of them may adjourn to london , which you cannot choose but know hath been often done , since the beginning of this session . for tho they sit not there as houses , but by turning the either of the houses into a committee of the whole house : yet this is but an artifice to elude the writ , and act their business in a place of more advantage . the change is only in the name , but the power the same . witness those votes and declarations which they have passed and published in the said committees , as binding and effectual to their ends and purposes , as any thing transacted in the several houses . nor is the place so necessary and essential unto the being of parliament , but that the major part with the kings consent , may change it if they think it profitable for the common wealth . otherwise we might say of parliaments , as once victorinus did of christians , l ergone pariete ; faciunt christianum ? is it the place and not the persons which do make a parliament ? or grant we , that of common course the houses cannot regularly be adjourned to another place , but the adjournment must be made in the house it self ; yet this is but a circumstance , or at most a ceremony , not of the substance of the work . and if that speech of caesar carrieth any weight , ( as all wise men conceive it doth ) legem necessitati cedere oportere , m that even the strictest laws must yield to the necessities and uses of the common-wealth : no question but so slight a circumstance , as that of place must needs be thought in the present business , is to give way unto the peace and preservation of this wretched kingdom . 32. quest . these points i shall consider of as you have advised ; only at present i shall tell you , that i am very well resolved of the unlawfulness of this war against his majesty , and think them guilty of rebellion , who either laid the plot thereof , or have since pursued it . tell me now for the close of all , what punishment the laws do inflict on those who are convicted of so capital and abhorred a crime ? answ. you cannot be so ignorant of the laws of england , as not to know , that a convicted rebel is condemned to be hanged , drawn , and quartered , his belly to be ripped up , and his bowels to be taken out , whilest he is yet living , his head and limbs to be advanced on some eminent places , for a terrible example unto others , his blood attainted , his estate confiscate , his possessions forfeited . the civil laws go somewhat further , and execute them after death in their coats of arms , which are to be defaced and razed , in what place soever they are found . rebellium arma & insignia delenda sunt , ubicunque inveniuntur , n as bartolus hath it . i end as i began with the book of homilies ; " turn over and read the histories of all nations , look over the chronicles of our own country , call to mind so many rebellions of old time , and some yet fresh in memory , ye shall not find that god ever prospered any rebellion against the natural and lawful prince , but contrariwise , that the rebels were overthrown and slain , and such as were taken prisoners dreadfully executed . consider the great and noble houses of dukes , marquesses , earls , and other lords , whose names ye shall read in our chronicles , now clean extinguished and gone , and seek out the causes of the decay , you shall find that not lack of issue and heirs male hath so much wrought that decay , and waste of noble bloods and houses , as hath rebellion . " 1 sam. 26. 9. who can stretch forth his hand against the lords anointed , and be guiltless ? prov. 24. 21 , 22. my son , fear thou the lord and the king , and meddle not with them that are given to change , for their calamity shall rise suddenly , and who knoweth the ruin of them both ? finis . notes, typically marginal, from the original text notes for div a43548e-210 a first part of the homily against rebellion . b aristot. in problem . sect. 40. c merc. an●i● . sept. 52. d v. stamfords pleas cap. 2. coke on littleton i. 2. c. 11. §. 200. e stat. 25. ed. 3. cap. 2. f bracton . l. 2. g v. speed , hollingsh ▪ and others , in the life of edw. 4. g v. speed , hollingsh ▪ and others , in the life of edw. 4. h id. in hen. 8. i compton in his book of justices . k stow. in hen. 7. l id. in elizabeth . m hollingsh . in the life of q. elizabeth . n compton in his book of justices . o howe 's addition to stowes chronicle . p cap. 2. q spiegel in lexico ●ur . civil . r bartolus in constitut. hen. 7. s camden annal. eliz. an. 1601. t camden ibid. u id. ibid. x idem . ibid. y rom. 13. 1. z rom. 13. a in apolog. b cyprian ▪ epistola ad demetrian . c lactant ▪ institut . divin. l. 5. d eucher : lugdun●●ns . & alii . e mercur ▪ britannicus . num . 19. f nazianzen . oratio 1. in julian . g ambros. orat. 5. h bartolus in repertorio . first part of the homily against rebellion . k s●at . 13. eliz. cap. 1● . l buchanan . de jure regni . m rom. 13. v. 1 , 2 , 3. n baron . & chronol. alii . o 2 kings 25. & 2 chron. c. 36. p plutarch . in agis & ceolmenis . q socrat. eccl. hist. l. 4. c. 22. r theodoret. hist. eccl. l. 3 c. 4. s ambr. orat. 5. t jerem. 27. 9 , 10. u acts 23. v. 2 , 3. x ibid. v. 3. y ibid. v. 4. z ibid. v. 4. a camden , annal. eliz. anno 16●0 . b hollingsh . in rich. 2. c id. ibid. d id. in the life of henry 6. e paraeus in ep. ad rom. c. 13. f 1 sam. 22. v. 5. 23. v. 13. 26 , 27 , &c. g 1 sam. 24. v. 3. h 1 sam. 16. v. 3. i ibid. v. 12. k aristot. in polit. l calvin institut . l. 3. c. 10. 5 , 6. m rom. 13. vers. 4. n 1 pet. ● . vers. 14. o merc. brit. numb. 19. p 1 sam. ● . vers. 18. q ps. 51. v. 4. r ambros. in locum . s s greg. tur. hist. franc. t bracton . 1. cap. 8. u tertull. apologet . c. 39. x in his disloyalty of papists , &c. z plaut. in amphitr . act. 2. y observations on his majesties answers , &c. a statut. 24. henr. 8. ● . 12. b bract●n i. 1. c 8. ● 5. c 25. hen. 8. c. 22 , &c. d constitut. valentin . & valent . e august . f bract. l. 1. c. 8. ● . 4. & l. 2. c. 24. g proclam . feb. 16. 1642 h merc. brit. numb. 18 , 19. l l. digbies apol. p. 13. k histor con ▪ triden . sleid. & alii . l s. august . confess . l. 8. c. 2. m val. max. l. 3. c. 7. n. 3. n bartochinus in repertorio aureo . prossō kai opissō a sermon eqvally pointing forvvard & backward, as it was deliver'd in the vniversity church of saint maries in cambridge / by p.h., b. of divinity, and sometime fellow of queenes colledge in cambridge, in his forenoone course before that universitie, upon the 22 day of november, in the yeare 1640, being the beginning of this present parliament. p. h. this text is an enriched version of the tcp digital transcription a45536 of text r38787 in the english short title catalog (wing h702). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 74 kb of xml-encoded text transcribed from 21 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a45536 wing h702 estc r38787 18112358 ocm 18112358 106834 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a45536) transcribed from: (early english books online ; image set 106834) images scanned from microfilm: (early english books, 1641-1700 ; 1124:21) prossō kai opissō a sermon eqvally pointing forvvard & backward, as it was deliver'd in the vniversity church of saint maries in cambridge / by p.h., b. of divinity, and sometime fellow of queenes colledge in cambridge, in his forenoone course before that universitie, upon the 22 day of november, in the yeare 1640, being the beginning of this present parliament. p. h. hardres, peter. heylyn, peter, 1600-1662. [4], 35 p. [s.n.], [london?] printed : 1647. attributed by wing to peter hardres, and by bl to peter heylyn. first three words of title printed in greek characters. reproduction of the original in the cambridge university library. eng bible. -o.t. -numbers xvi, 3 -sermons. sermons, english -17th century. a45536 r38787 (wing h702). civilwar no pro'ssō kai opi'ssō. a sermon equally pointing forvvard, & backward, as it was deliver'd in the vniversity-church of saint maries in cambr p. h 1647 13113 14 50 0 0 0 0 49 d the rate of 49 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2002-08 tcp assigned for keying and markup 2002-09 spi global keyed and coded from proquest page images 2002-10 john latta sampled and proofread 2002-10 john latta text and markup reviewed and edited 2002-12 pfs batch review (qc) and xml conversion προσσω και οπισσω a sermon , eqvally pointing forvvard , & backward , as it was deliver'd in the vniversity-church of saint maries in cambridge . by p. h. b. of divinity , and sometime fellow of queenes colledge in cambridge . in his forenoone course before that universitie , upon the 22. day of november , in the yeare 1640 , being the third sunday after the beginning of this present parliament . eccles. 1. v. 9 , 10. the thing that hath been is that which shall be : that which is done is that which shall be done : and there is no new thing under the sun . is there any thing whereof it may be said , see , this is new : it hath been already of old time which was before us . virg. — sic illi oculos , sic ora ferebant . printed in the yeare , 1647. to the reader . reader ( whosoever thou art ) that dost scruple or make any doubt of the truth of the thing , done in such manner , time and place , as the title page doth preface ; know that this sermon verbatim , being preach'd in the very beginning of this parliament ●efore the whole universitie , and a good part of the towne of cambridge , there are many hundreds of people , that can attest and justifie every tittle in the title page , yet living every where , howsoever distress'd , or wheresoever dispers'd , throughout this spacious kingdome . the author is a priest , and graduated in divinitie , in the time of ignorance , and popery , before the gospell here in england ; otherwise , he is a gentleman of a very good and ancient house , and extraction . a gentleman and a schollar , note that ; for blood and learning , generositie and breeding , they are the two intire constitutive principles of a malignant , as compleat as matter and forme of a naturall body . out upon them both ; for wheresoever they meet in one ; there needs no further proofe , you may certainly and infallibly conclude , such a person an enemy to this our state , reprobate , and altogether untractable to this blessed reformation . the publishing of this sermon , i assure thee ( not upon the publique faith , but in the word of an honest man ) is not with the author's notice , much lesse his consent ; which indeed was never a●●●d , wee supposing it to be with him , as it is generally with all other malignants , who though they be no whit asham'd , yet are very much afraid of their malignancy . it remaines then onely , that thou beest rightly inform'd why this sermon , ( being preach'd so long agoe ) came not to publique view long before ; or why it is just now held forth . not before , because the publishing of it before might justly have beene interpreted very prejudiciall to the wisedome of the managers of this holy warre , as if they had not had sufficient abilities of understanding and judgement to carry on this holy cause , and businesse of their holy covenant , unlesse they had had this patterne or some such copy set before their eyes , whereby to direct their whole counsells and actions . but now that the worke is so done , as the most envious malignant cannot say , that ever any of their predecessours in any age have gone beyond them ; it is very seasonable , yea requisite and necessary indeed , to present to all the world this following discourse , and that for this re●son , which ( if you marke it ) will plainly inferre the necessity . for seeing that all the orthodox , painfull and godly ministers ( put into the severall benefices of this kingdome by this blessed parliament ) both in their single exercises upon their cures , and when they have exercised some 4 or 5 one over anothers head upon solemne humiliation dayes , have wrought powerfully upon the dullest capacities both of city and country , and contributed much , yea very much , by their labour in the cause , and mannagement of this holy warre : but more especially seeing that the reverend assembly of divines did not only pray , preach , exhort and counsell to this effect , but also did worke wonders , dispense with oathes , ( as much as ever the papists can boast their pope to have done ) and make the very scriptures themselves , especially in the english , welsh , and scotch languages conformable and subordinate to this holy warre , and holy covenant , as much as to their owne presbytery and beautifull discipline : it is then most expedient and necessary , that this sermon be now printed for the justification and vindication , both of the one and of the other , from the slander and obloquie of the reprobate , wicked , cavalier-prelatists , and of the separatists , and independents , that all the world may see , understand , attest , and give judgement , that neither the parliaments orthodox ministers have taught , incited or stirr'd up the people to any thing , nor the reverend assembly of divines have directed , or counsel'd any thing in this holy warre , and this holy covenant for which the word doth not both hint and hold forth a most cleer text and warrant as you shall find it written , — — numb. 16.3 . and they gather'd themselves together against moses , and against aaron , and said unto them , ye take too much upon you , seeing all the congregation are holy , every one of them , and the lord is among them : wherefore then lift you up youselves above the congregation of the lord ? my text presents unto you a famous rebellion in the iewish state , which shewes the antiquitie of this sinne , although perhaps not that height of wicked policy so fully reach't and accomplish't by the villainous cunning inventions of after-ages ; for , nihil inventum & perfectum eodem tempore , never was any thing so exactly at first excogitated , invented or found out , as nothing could be added by succeeding ages to compleat and perfect it . yet the sinne of rebellion ( although perhaps not now first devis'd , yet sure but in its cradle and infancy , especially as it hath reference & relation to this state of the iewes , by computation of time in all probabilitie not two yeares old since their freedome from the aegyptian bondage ) wanted so little already of its full perfection , that here in this frame you may behold the compleat forme and figure of it with all parts and lineaments fully integrated , nay , and many accidentall perfections , though not all which were added to every part as it grew from strength to strength , till it came to its just bulk and stature . as in the body of an infant you may find every part of a man , as front , and eye , & hand , & leg , although not the severall graces and comelinesse of every of these parts , as the majestick rise of the fore-head , and vigorous quicknesse of the eye , the pure whitenesse of the hand , and the decent proportion of the leg , untill this infant be growne to some consistent measure both of height and bignesse : so i say here in this rebellious act , is represented every part and limbe of rebellion , and after-ages have but added a cleanly contrivance and carriage to some of these parts , that rebelling may appeare more gracefull and comely to the eye of the world , as by the viewing of the severall particulars in my text will more plainly appeare , where you have , rebelles , the rebels , they ( i. e. ) korah of the tribe of levi , and dathan , abiram , and on of the tribe of ruben , v. 1. and 250 princes of the assembly , famous in the congregation , and men of renowne . vers. 2. materiale peccati , express'd by an unlawfull assembly , & se ipsos cōgregarūt , and they gather'd themselves together . formale peccati , that which doth specificate the sinne of rebellion , notified in the parties against whom they were gather'd together , and that was contra mosen & a●ronem , the supreme prince and chief priest . capitulatio , the incapitulation or treatie after they were gather'd together , & had made their partie good and strong , then and not till then they begin to capitulate and treat , & dixerunt eis , and they said unto them , gravaminum remonstratio , in their treatie , here 's a remonstrance or declaration of their grievances , moses was too high in state , and aaron in the church , there must be no supreme prince nor chiefe priest , but 't is a paritie both in church and state which they seem to require , and therefore they breake out first with an exclamation , nimium arrogatis , ye take too much upon you . secondly , with an expostulation , quare elevamini ? wherefore doe you lift up your selves above ? &c. gravaminum ratio , that they may not seeme to be mad without reason , here are the pretended reasons or grounds of these their grievances , sufficient in their opinion to justifie an insurrection ; and indeed , if true , the strongest motives that can be , for they are cunningly drawne from religion and gods honour , for they can prove from gods owne words , that all the congregation was holy , every one of them ; and therefore there must be no aaron , no chiefe priest . secondly , 't was apparent that the lord was among them , and therefore it was a derogation from his honour to have a co-adjutor in government , and so their must be no moses , no supreme prince , reasons very specious and persuasive . but sevently and lastly , if ye would know that which the logicians call causam {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the true , primary , internall , impulsive cause of all this tumult and rebellion , ye must not looke for it here in my text in the publique remonstrations and declarations of the rebells themselves , for that is usually kept secret and close from the peoples eyes amongst the chiefe of the faction , and is either disclosed by the notorietie of the fact , when they have attained their ends and purposes , or else by the diligent search and enquiry of some honest historians of those times , and the true primary impulsive cause of this rebellion is discovered by moses to be pride and ambition , the beginning of all sinne . korah was but an inferiour levite , and he aspired to the priest-hood , as moses plainly told him , v. 10. seemeth it a small thing unto you , that god brought thee neere to him , and all thy brethren the sons of levi with thee , but seeke ye the priest-hood also ? for which cause , both thou and all thy company are gather'd together against the lord : so that the true cause of korah's rebellion was ambition , he aspir'd to the priesthood , and aaron stood in his way , and therefore his chiefe aime was against aaron . dathan and abiram , though they were princes of the assembly yet they were inferiour to moses , and that was it troubled them , secundi gradus erant impatientes , they could not brooke any superiour , as they plainly told moses , v. 13. is it a small thing that thou hast brought us up out of a good land that floweth with milke and hony , to kill us in the wildernesse , except thou make thy selfe altogether a prince over us ? so that ambition too was the true cause of their rebellion , they aspir'd to supremacy , and moses stood in their way , and therefore their chiefe aime was against moses . so that whatsoever colour or pretext they make in their publike remonstrances or declarations , be it religion , or conscience , or care of the common good , the true cause and ground of their rebellion was pride and ambition . korah was ambitious of the highest place in the church , dathan and abiram in the state , and therefore they were gather'd together against moses and against aaron , and all this worthy of beliefe , upon the credit of moses a faithfull historian , and also an inspired pen-man of holy scripture . and so here is you see , delineated and drawn a perfect modell of rebellion , and rebellions of afterges , if they have added any thing , they are but some quaint tricks and devices to adorne and set forth the severall parts of this fabrick ; this still for forme and fashion , standing a compleat and perfect patterne ; and so i proceed to the first part of my text . rebelles , the rebels ( they ) korah , dathan , abiram , and on of the tribe of ruben , and 250 princes of the assembly , famous in the congregation , and men of renowne ; in whom there are three things observable that make this rebellion dangerous : the first is , combinatio , levita & ruben , the levite and the rubenite joyned . secondly , eminentia , principes coetus , princes of the assembly . thirdly , popularitas , homines celebres , famous in the congregation , and men of renowne . 1. combinatio , korah of the tribe of levi , and dathan , abiram , and on of the tribe of ruben : and though none but korah be named of that tribe as being the principall head , and one that had his particular aimes and ends , yet 't is evident , that more of the inferiour sort of the levites were gotten in to participate of this rebellion , because moses in the 10 v. speakes in the plurall number to korah , and the rest of his brethren the sons of levi , seeke ye the priest-hood also ? now the levites , either because they were gods lot & portion to doe the service of the tabernacle , and so were not numbred amongst the rest of the children of israel by moses , or because god was their lot and portion , and therefore they had no inheritance in the division of the land of canaan ; for one or both of these reasons the levites may very well be called by the name of {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the clergy or lot of the lord , so that they joyning with the rubenites , it seemes that both clergy and laity were combin'd together in this rebellion ; and this conjunction gives a strong incouragement and countenance to the action , for the levite or clergy alone would have wanted power and strength , the laity or rubenite alone could not have had so fair a color and cloake of religion to cover their rebellious practices , but both joyn'd together make a strong faction and a faire shew ; and the action appeares more glorious in the world when there is such a combination between the two maine parts of the state ; and therefore adonijah when he exalted himselfe , saying , i will be king ( when as solomon was designed before both by god & his father david for that regall office ) he took this course ; he combin'd himselfe with the priest , and chiefe captain to make his party good , hee conferr'd with joab the sonne of zerviah , and with abiather the priest , and they following adonijah helped him , without his helpe he saw there was but little good to be done , and therefore abiather the priest was a fit and usefull instrument for his ends . and that unnaturall rebellion of a neighboring country which mask't it selfe under the specious title of the holy league durst not venture upon the temporall power alone , but he that professeth himselfe to be the aaron of the whole world , is combin'd with dathan and abiram against moses , and the levites out of their pulpits must make publique invectives and declarations against moses , and a college of the prophets must bee gotten to advise the simple people to arme themselves against moses , and aaron's legate to countenance the action must reside in the chiefe city , and the famous writer of the controversies in the church of rome , has got no great credit amongst the french historians for being one of his retinew and company , and indeed he may justly be suspected for a boutefeau and incendiary in that rebellion , seeing he published such rebellious divinitie to the whole world . and i would that some of the same aaron's emissaries had not beene so lately busie in this kind to the disturbance of our sweet peace and tranquillitie . but these and the like need not applaud their brain for any new invented policy , for we can track them to the very fountain & spring-head from whence they derived their plot . this here in my text was their first patterne and copy , which they like apes doe but imitate and follow ; here are the clergy and laitie joyn'd together , the levite and the rubenite combin'd ; korah of the tribe of levi , dathan , abiram , and on of the tribe of ruben . 2. eminentia , they were not of the inferiour sort of commons , but the chiefe of the nobilitie , for so you may read in the second verse , they were principes coetus , princes of the assemblie , qui tempore concilii per nomina vocabantur , saith saint hierome , who were summon'd by name to the publique assemblies and meetings to consult with moses for the good and wel-fare of the whole nation . they were è coetu convocati saith tremelius , such as were chosen and convocated out of the congregation to the publique consultations and deliberations of state , but now they have chang'd their title , for instead of convocati they are become convocatores authors of seditious assemblies ; they that should have waited moses his call , do now call moses to an account ; nay they , who by their eminencie and place should have eased moses his shoulders of the burden of government , by their disloyall carriage lay on more weight and pressure to the disturbance of the whole state , which must needs totter and shake at the disjoynture of such maine pillars ; as in a structure or building if but a pin or punchion or gice doe faile there is no great feare , but if a post or beame start aside from the frame , that threatens subversion and ruine : if the poorer sort of the rubenites ; or the lowest of the levites had kindled this fire , it might have easily and soone been extinguish't , but when a korah , dathan , and an abiram , princes of the assembly , breake out into a flame , that will require both speedy help and strong remedies , both which the wisedome of god us'd for the suppressing of these mens insolencies , as in the sequell you shall heare . 3. popularitas ▪ here is the most dangerous and most pernitious qualitie in a rebell , and that 's their popularity , for the text sayes they were homines celebres , famous in the congregation , and men of renowne ; by their plausible conversation and popular deportment they had gotten themselves a name and fame in the congregation , for there are two things requisite to popularity . 1. virtutis simulatio , a specious shew of vertue , such especially which respects the common-good , together with a querulous complaint against the present government . 2. populi palpatio , a stroaking and clawing of the congregation by a submisse and humble carriage . now it seems , that these rebels here had adumbrata , though not expressa virtutis signa , some shadowes and outward resemblances though not the expresse image and portraiture of vertue , otherwise they would have beene infamous in the congregation rather then famous ; but though they had no stocke of vertue within themselves , 't is likely their outward shew and carriage was borrowed from honesty and goodnesse , which together with their fauning courtship , and observance of the peoples humors , did purchase them fame & renown in the congregation . and this you shall finde to be the constant practice of these kinde of rebels ; absalom was a cunning artificer in this worke , when by faire speeches and flattering promises he went about to steale away the hearts of the men of israel from his father david , as you may read , where after hee had prepar'd his stage at the entry of the gate , in the view and face of the people , then hee falls to acting of his popular parts ; for , 1. when any man that had a controversie came to the king for iudgment , absalom called him , and said unto him , see thy matters are good and right , but there is no man deputed of the king to heare thee : there 's an exclamation against the present government . 2. absalom said moreover , oh that i were made a iudge in the land , that every man which hath any suit or cause might come unto mee , and i would doe him justice : there 's virtutis simulatio , his specious shew of vertue . 3. and it was so when any man came nigh unto him , to doe him obeysance , hee put forth his hand , and tooke him and kissed him : there 's populi palpatio . and that you may see the dangerous consequence of this cunning carriage you shall finde in the 6 ver. that by these meanes absalom stole the hearts of the men of israel . catiline that great conspirator against the common-wealth of rome was excellent ( saies the orator ) versare suam naturam , et regere ad tempus , to turne and wind his nature and disposition , according as the present opportunitie and occasion required , et huc atque illuc torquere et flectere , he could writhe and bend it this way and that way as he pleased , so that hee could behave himselfe , cum tristibus severe , cum remissis jucunde , cum senibus graviter , cum juventute comiter , sadly with the sorrowful , jocundly with the merry , gravely with the old man , courtly with the young man , et specie quadam virrutis assimulatae , and by a specious counterfeit of vertue deceived many good men . caesar the first soveraigne over the roman state , sobrius ad rempublicam evertendam accessit , sayes tully , he came with temperance and sobriety to the subversion of the common-wealth . these and many more examples in histories may be good caveats to make us take good heed how we judge mens actions by their persons and outward appearances , that because their persons and lives at least in common appearance are free from those noysom sins that infect the times , therefore their actions of affronting and rising up against their lawfull soveraigne proceed from religion and conscience , and care of the common good ; no by no meanes : but our surest course is , to judge mens persons by their actions , if their actions be unsound and irregular , if they gather themselves together against their prince and soveraigne , against gods expresse word and commandement , be their outward appearance never so specious and glorious , we may assure our selves they neither feare god nor regard man , but onely to serve their owne turnes . these ( they ) in my text were famous in the congregation , and men of renowne , yet they prov'd impious rebels , and came to a fearfull end . 4. but were the common people spectators all this while , were not they fetcht in by some trick and devise to participate of this rebellion ? a head without the help of a hand may contrive , but not execute ; the people must set to their helping hands , or else the plot though never so well contriv'd cannot be efficacious , and therefore to make this first part complete , you shall find in the 10 vers. that korah had gathered all the congregation against moses and aaron ; korah the levite , and indeed this taske is commonly impos'd upon the levites , who by their office and ministery ( if they will abuse it ) have a fairer way , and more powerfull means , to draw away the hearts of the poore people from their loyalty and obedience to their lawfull soveraigne , and therefore they are commonly sent out by the grandees of the faction about the congregation , instead of the fire of devotion to kindle strange fire , the fire of rebellion ; and therefore korah the levite here he was imployed in this service . he gathered all the congregation , &c. so that now this first part is very complete , the combination strong , the levite joyn'd with the rubenite ; the party 's eminent , princes of the assembly ; their behaviour plausible , famous in the congregation , and men of renowne ; and the people hook't in by wiles and trickes to serve the great mens turnes ; so that there wants but a signall or watch-word and then they are up in armes , and that belike was given , for in the next place you shall find them gather'd together . and that 's the second point . materiale peccati , the generall act of rebellion exprest by an unlawfull assembly , et seipsos congregarunt , and they gathered themselves together . they had often murmur'd against moses & aaron . were they pinch'd or streightn'd with any little calamity , many times inflicted by almighty god for their probation & tryall , moses and aaron were sure to be blamed : if at marah they doe but stand in want of sweet water , or in the wildernesse of sin be pincht with hunger , or by the false reports of those spies that went to search the land , be made believe that canaan was but a barren soyle , and the people thereof mighty and valiant , moses and aaron must be reviled , and threatned , and murmur'd against , when god knows they could not help it . so that 't is no wonder that now they are rebelliously gather'd together against them , for murmuring is a neere disposition to rebellion ; when men take the libertie to complaine , and chide , and expostulate , and murmure against their governours , urg'd many times by necessitie to some unpleasing and seeming rigorous actions , 't is a bad signe and portends no good . when sudden gusts of wind begin to murmur upon the seas , and the waves swell and tosse , 't is a signe the storme is not farre off ; the children of israel here , after they had once learn'd to murmur , ere long they finde the way to rebellion , & are gather'd together . et congregarunt seipsos , here begins their unruly demeanour and undutifull carriage , by an illegall assembling themselves together . what had they so soon forgot the silver trumpet , which but a little before was appointed by the ordinance of almighty god , for that very use and purpose , to gather the congregation together ? as you may read , numb. 10.3 . at the sound of two trumpets all the assembly were to be gathered at the doore of the tabernacle of the congregation , and if but one trumpet sounded , then the princes , heads of thousands , were to be gather'd together to moses ; and the sounding of these trumpets was by a perpetuall law appropriated to the sonnes of aaron : now these princes take upon them the office both of aarons sonnes and trumpets too , and most disorderly and seditiously gather themselves together , not to , but against moses and aaron . and indeed what else can be expected from such unruly assemblies ? when people gather themselves together without any order or direction from their lawfull governours , 't is commonly for some bad end and purpose , the blasts of such winds gather'd together are for the most part violent and feareful ; in such assemblies are hatcht treasons , heresies , rebellions , schismes , conspiracies , and all manner of villanie ; and therefore those who by their owne historians were counted cautelous princes in the world , as henry the seventh of england king , by name , knowing the dangerous consequences of these unlawfull assemblies , scarce suffer'd any parliament to passe in his time without some provision by law against these disorderly courses of peoples gathering themselves together ; and it seems it is not amisse for their owne securitie , as appears by these assemblers here ; for when they had gathered themselves together , 't is not ad or circa mosen , but contra mosen et aaronem , and that 's the third part , &c. but here , by the way you may discover a little want of art in mannaging this part of rebellion , for they might have taken an opportunity to have beene gather'd together by the call of moses his trumpet , and then they had begun more legally , and perhaps might better have defended their actions against publick obloquies ; and when they were once thus fairly and orderly gather'd together , their party being so potent & strōg , they might have chosen whether they would have bin dissolved or no at moses his command , untill they had attained their ends and purposes ; so that this part of rebellion might have been somewhat corrected and amended by foresight , but yet 't is no great matter , for those that venture upon such enormous actions as these , need not stand upon such nice points of law for their justification , and therefore we will not censure them for this over-sight , but proceed to the third part . formale peccati , that which doth specificate the sinne of rebellion , and distinguish it from all other sinnes , notified in the parties against whom they were gather'd together , and that is , contra mosen & aaronem . as there were three adjuncts or circumstances in the parties rebelling , which made this rebellion in a high degree dangerous , so there are three adjuncts or circumstances in these parties against whom they rebelled , which makes this action in a high degree flagitious ; for 't is , contra mosen supremum principem , & aaronem summum pontificem , legitimas potestates . contra mosen mitissimum hominem , & aaronem sanctum domini . contra mosen & aaronem divinitus orainatos , & sic per consequens contra deum . 't is contra mosen supremum principem , & aaronem summum pontificem , legitimas potestates . morall vertues and vices are formally distinguished , and constituted , by generall acts limited and determined to speciall objects , either commanded or forbidden by some law , ordinance , or constitution ; as for example , 't is not every occision or killing that doth constitute the sin of murder , one may kill a beast , or a bird , or fish , or a creeping thing , and yet not be guiltie of this sinne ; but if this genericall act of killing be determin'd or limited to a reasonable creature , prohibited both by divine and humane law to be killed , which is the occisio hominis , the killing of a man , then 't is murder . so 't is not every disorderly gathering together doth constitute the sinne of rebellion , for had these here gather'd themselves onely in perturbationem ordinis vel pacis , the assembly might have prov'd but a plaine conventicle ; or had they gather'd themselves together onely to doe some unlawfull act , ad terrorem populi , whereby either the peaceabler sort had beene feared by the fact , or the lighter sort emboldned by the example , and gone no farther , it had beene either but simply an unlawfull assembly , or a rout , or a riot at most ; but when they gather'd together , contra mosen & aaronem , against their supreme and legitimate governours , ordained by almightie god , the act specificated by this object , doth formally constitute the sinne of rebellion ; so that here is presented unto us a perfect definition of rebellion , rebellio est congregatio subjectorum contra potestatem à deo ordinatam . now the vitiositie of this act ( i. e. ) of the subjects gathering themselves together against the power ordained by god , can never be altered or changed by the goodnesse of the end or motive , because all sinfull actions contract their vitiositie or badnesse primarily and chiefly from their principle and forme ; now the principle and forme of all sinne , according to s. iohn , is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ioh. 3.4 . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , sinne is the transgression of the law : which perfect definition , s. aust. does but explain by distinct specificall acts in which all transgression doth consist , when he sayes , peccatū est dictū , vel factum , vel concupitum , contra aeternam legem , sinne is either a thought , word , or deed , against the eternall law of god . now gathering together against the power ordained by god , which in the least degree must needs be an act against the divine law , as is plaine to be seene totidem verbis , in rom. 13.2 . whosoever resisteth the power , resisteth the ordinance of god , that act must needs be a sinne against almightie god ; and if it be a sinne , 't is not the goodnesse of the end can warrant the perpetration of it , if the apostles rule be true , malum non est faciendum , ut inde eveniat bonum , we must not doe evill , that good may come thereof ; and of those that slanderously reported of s. paul , that he should say any such thing as let us do evill that good may come , he pronounces this sentence as dis-avowing such a damnable conclusion , that their damnation was just . vitium fit ex qualibet defectu ( saith the schoole-man ) when any part or least circumstance that is requisite to the goodnesse of an action is defective , absent , or wanting , the whole action becomes vitious , much rather when the principle or forme is wanting , which consists in the conformitie of our actions to the divine law , which is the originall , principle , and rule of all our deeds , and the goodnesse of the end which doth but circumstantionate the action can never change the vitious nature or being of it . 't is not saul's keeping the best of the cattle for sacrifice can excuse him for the breach of gods commandement ; and if god in absolute and unlimited termes pronounce , whosoever resisteth the power , resisteth the ordinance of god , i cannot see how the goodnesse of the end , be it religion , or reformation , or the common good , can warrant any such resistance from the transgression of gods ordinance , except these or the like limitations had beene specified and annexed to the command , law , or ordinance of almightie god . vbi lex non distinguit , nos non distinguere debemus ( sayes the civilian ) where the law does not distinguish in what cases such a thing is to be done , or not to be done , we ought not to determine and define those cases of our own head and power , without the authoritie of the law-giver . either god could , or he could not have specified these particular cases , in which subjects might have resisted the power ; to say he could not , were in plaine termes to deny either his omniscience , or omnipotency , either that he did not know all those particular cases , or that he could not transmit them either by word or writing , whereby we might know and observe them . to say he could , but would not , methinkes it sounds somewhat harsh , that god should impose such a hard obligation upon the conscience , not to resist the power upon paine of death and damnation , and yet reserve some particular limitations within the secrets of his owne breast , to be found out by the uncertaine deductions of humane reason . it is not the wonted course of the goodnesse of almightie god , to deale so closely and reservedly with mankind in a matter of so great consequence , that so neerely concernes the salvation of mens soules , & the conservation of peace and tranquillitie in his church . and if there were any such reserv'd limitations in gods breast , i wonder s. peter and s. paul , who knew the mind of christ , and profest , that they shunn'd not to declare the whole counsell of god , especially handling this subject , ex professo , should not once so much as mention any of these limitations , but ever speake in an unlimited manner , let every soule be subject to the higher powers ; and whosoever resisteth the power , resisteth the ordinance of god ; and submit your selves to every ordinance of man for the lords sake . if they knew any such matter , it was not agreeable to the candor and sinceritie of an apostle to conceale it , nor yet to the zeale and religious fervency requir'd in an apostle not to practise it , when living in the time of that monster nero , especially having the power of miracles , they would suffer the church of god , to be so cruelly persecuted by that wicked emperour . or if these limitations have beene delivered over by tradition , to be put in practice by the more-flourishing times of the church . i wonder in the time of dioclesian , when christianitie ( by the enemies confession ) had almost overspread the whole world , that so many thousand christians would so quietly and patiently suffer their bloods to be spilt upon the ground for christs sake , and yet not once draw a sword against that wicked emperour in their masters cause . what ? was there no zeale , no jealousie for gods honour in these holy martyrs and saints of god ? or if yet the church had not sufficient opportunitie to put this divinitie in practice . i wonder that iulian's army , consisting for the most part of christians , would suffer that apostate in that scoffing manner to deride christ and his religion , when they had so faire occasions and opportunities , either to castigate , depose , or murther him . what ? was there no spirit of fortitude in those valiant souldiers , so stout and daring in their emperours battell , and so remisse and cold in christs cause ? and yet 't is more strange , that for almost a thousand yeares after christ we cannot find these limitations , in what cases it is lawfull to resist the higher powers , either in the practice of the church , or in the writings of ancient fathers and orthodox christians ? 't is very well known , that 't was the ambition of the church of rome , first taught and maintain'd this divinitie in the world of resisting lawfull powers . and i wonder , that those of the reformation , who could not so much as endure a vestment or an harmelesse ceremonie , eo nomine , for that very reason , because it had beene used by that church , would so easily joyne with them in deposing of princes , and rebelling against soveraignes , that they would strain at a gnat , and swallow a cammell . well , whatsoever motives or occasions others may lay hold of for resisting of the power i know not , i am sure these rebels here could find but little in the persons or behaviours of their governours , to gather themselves thus rebelliously together against them , for 't was : 2. contra mosen mitissimum hominem & aaronem sanctum domini , against moses a mercifull man ( said the sonne of syrach ) who found favour in the sight of all flesh , and was dilectus deo & hominibus , beloved both of god and man , and whose memoriall was blessed in all generations against moses , a prince who delivered them out of the aegyptian bondage , brought them through the red-sea upon dry land , in and out before them to defend them from their enemies , held the ballances of justice from morning to evening , and weighed to every one his right and due , smore the stony rocks , so that waters gushed out to quench their thirst ; procur'd manna from heaven for them and quailes too , not for any necessitie but to serve their lust , and then against aaron a holy man like unto him , whom god chose out of all men living to offer sacrifices to the lord , incense and a sweet savour for a memoriall to make reconciliation for his people to appease gods wrath and divert his punishments due to their offences ; and what could they desire more , and yet for all this , they are gather'd together against moses and aaron , where we may observe the restles and unquiet commotion of some mens ambition , who though under their gracious and pious princes they enjoy the blessednesse of peace and sweetnesse of plenty . foelicitatem utriasque gladii , the happinesse of both swords ; of the sword of justice , for the defence of the right and punishment of the wrong doers , and the sword of the spirit , which is the word of god , yet are never content untill they have unsheathed a third sword , the sword of rebellion to make way for their owne ambitious ends as they do here , contra mosen mitissimum hominem , &c. but thirdly , there is a higher power then either moses or aaron neerly toucht in this rebellion , and that 's god himselfe ; for 't is thirdly , contra mosen & aaronem divinitus constitutos , & sic per consequens contra deum , against moses and aaron , the one constituted prince and governour , the other consecrated high-priest by divine appointment and institution ; so that though they be gather'd together intentionally and directly against moses and aaron , yet 't is virtually and in effect contra deum , against almighty god himselfe : and therefore moses in the 11 ver. truly states the nature , forme and condition of their action ; for he tels them plainly that they were gatherd together contra dominum , against the lord , not contra dominum mosen , against my lord moses , but contra dominum mosis , against moses's lord , and not contra aaronem sanctum domini , but contra sanctum dominum , against the holy , holy , holy lord god of hosts . and so was this action in after times generally thought and accounted of by the whole nation , as appeares by the daughters of zelophehad , who then they came to sue for the inheritance of their father before moses , eleazar and the princes , they use this argument , to incline that honourable bench to favour their cause , saying , our father died in the wildernesse , and he was not amongst them that gather'd themselves together contra dominum , against the lord in the company of korah ; and 't is worth the observation : whosoever doth gain-say , murmurre or resist the ordinance of almighty god , either in the supreme power or chiefe priest-hood , or any other legall constitution , order and commandment of almighty god in the scripture phrase , is usually term'd a rebell against the lord . so that these rebels here and all their followers , though they esteem themselves but {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} fighters against men , or at the most but {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} fighters against princes and rulers , are in deed and truth {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} fighters against god himselfe , and yet most impudently they would make the world believe 't is for religions sake and gods honour that they gather'd themselves together against himselfe and his owne ordinance . after they had gather'd themselves together , and made their part strong and good then , and not till then , they begin to capitulate and treat , & dixerunt eis , and they said , &c. this is the common policie of rebells , they never enter into a contestation with their superiours till they are so potent and strong , as they are able to grapple with authority , and can securely sleight and contemne their princes just commands ; for should they appeare in small troops and daringly affront their soveraigne , his just indignation might consume them in a moment ; and therefore those subjects whosoever they were that our saviour speakes of in the 19 of luk. were but poore silly rebels in respect of this policy ; for after they had out-brav'd their soveraigne , with their sawcy and peremptory message : nolumus hunc regnare , for want of sufficient power to maintaine and defend their words , were faine to submit themselves to the sword of justice , for so the text sayes , at the return of the king they were all slaine . these rebels here were wiser in their generation , then so they would not openly contest and expostulate with their superiours untill they were gather'd together , and had made their partie strong and good , then , and not till then , they come forth with their saying , et dixerunt eis , &c. 2. et dixerunt eis : the voice of rebellion is not usually so soft and gentle in such unlawfull assemblies , you shall commonly heare of an exclamarunt , a loud clamor , or a vociferarunt , a gaping outcry , such as was heard at ephesus for the space of two houres , when the people cried out , great is diana of the ephesians ; and indeed when the heart hath once transgrest the bounds of loyalty and obedience , and the hand unsheath'd a sword against the lords anointed , 't is hard for such a slippery member as the tongue , to keep it selfe within the bounds of modestie and due respect : yet such rebels as these , that rely not so much upon their owne power as the peoples favour , must make use of such cunning arts and devises as are likely to gaine their good opinions , and therefore at first they keep downe the swelling pride of their hearts from breaking out in the uncivil language of the tongue , that although they be not innocent , yet by the sequels of innocency faire speeches and submissive remonstrations they may with more facility instill the venome of their rebellion into the hearts of the congregation , but naturam expellas furcâ licet usque recurrer , a flame pent in and refrain'd will at last burst out , though they begin here with a civill dixerunt , they fall presently to an uncivill exclamation , nimium arrogatis , and an immodest expostulation : quare elevamini , &c. gravaminum remonstratio , a remonstrance or declaration of their grievances , &c. nimium arrogatis quare elevaminis , wherefore doe yee lift up your selves . it seemes they accuse them of intrusion and usurpation , that they had taken upon them more then they could answer , by lifting themselves up and intruding into the chaire of state , and see of ecclesiasticall government , without any order or institution from almighty god ▪ and if this be their grievance they complaine of , they themselves must needs know 't was an impudent lye ; for 't was not long before , and they could not but heare of it , how god had much ado to impose this office of governmēt upon moses , who sought to divert god from his intention & purpose by many excusive arguments , as you may read , exo. 3 , & 4. the first argument is drawne , à conditione personae , from the meanes of his person : who am i that i should goe unto pharaoh , and that i should bring the children out of aegypt . the second is drawne , à populi incredulitate , they will not believe me , nor hearken to me , for they will say , the lord hath not appeared unto thee . the third is drawne , à naturali impedimento ; alas lord , non sum facundus , for i am a man of a slow speech , and a slow tongue . well , when god had answered all these arguments , moses , to shew his aversenesse from any such aspiring desire , breaks out too uncivilly in the fourth place , with a mitte domine quem missurus es , send lord i beseech thy messias and saviour of the world , whom thou intend'st to send , insomuch that god in plaine termes fell out with him , and the anger of the lord was kindled against him . so that you see , moses was much importuned by god himselfe to take this office upon him ; and after he had entred upon it , the crossenesse and frowardnesse of the congregation quickly made him weary of it , which made him complain to god , i am not able to beare all this people alone , for 't is too heavy for me ; insomuch that god was faine to joyne 70 of the elders of israel to beare the burthen of the people with him . it seemes moses was of that princes mind , who feelingly said , that if a man did but know the care , sollicitude , and trouble of government , coronan jacentem non tolleret , he would not take up a crowne , no not so much as from the ground to weare it . and as for aaron , he was called to the priestly function and eminency in the church by almightie god himselfe , and consecrated by moses at god's appointment to that office in the face of the congregation , so that he was lifted up too by divine institution ; and therefore these rebells must needs know , that 't was a manifest untruth and an impudent lye , to say , that they usurp't this power and authorite , or lifted themselves up above the congregation . and here you may observe the base nature and corrupt disposition of rebellion , breaking out for the most part in ulcerous calumnies and putrified accusations for rebells , especially such as these , who ambitiously aime at supremacy , cannot with any probabilitie or likelyhood hope to attaine their ends , unlesse they can bespatter their moses with some foule aspersions , either with defects in his person ; as illegitimation , usurpation , or vitiousnesse in manners ; as injustice , inconstancy in religion , or disabilities for government ; as sloth , negligence , and the like ; and when they can find no just cause for these odious imputations , then they seeke by infamous libells , and false rumours and base reports , and black-mouth'd calumny , to sully his white and pure name , as these rebells here most maliciously charg'd moses and aaron with usurpation , nimum arrogatis & quare elevamini . 2. super congregationem , above the congregation . although these great men here had raysed this rebellion for their own private ends to satisfie their pride and ambition ; yet in the expression of their grievances , they seeme to aime at the peoples good , and pretend nothing more then the redressement of their opposed injuries , as though their priviledges and libertie ; were extorted and wrested from them by this exaltation of moses and aaron above the congregation : and indeed this is a cunning policy of these rebells ; for knowing their owne weaknes and inability , to over-top their soveraign without the peoples help and aide , 't is requisite that upon all occasions they should both ingratiate themselves with them , and also palliate and keepe close their ambitious designes from their intelligence ; and therefore in their publique declarations and remonstrances , populum crepant , they insist much upon the pretended wrongs and grievances of the congregation , as if they had undertooke this quarrell onely for their benefit , and therefore they charge moses and aaron in the behalfe of the congregation , and in the next place they insert a universall signe in the favour of the people , since all the congregation , &c. 3. super congregationem domini , above the congregation of the lord . here they begin their religious plots and sanctified policies , they thinke themselves safe and secure from all stormes and winds , if they can but shrowd themselves sub nomine domini , under the name of the lord . those in the seventh of ierem. that stole and murder'd , and committed adultery , and swore falsely , thought themselves free from all thunder-claps , so they did but cry templum domini templum ; and the devill 's instruments in a●te-rages made such a common use of this precise policy , that it grew into a proverbe , in nomine domini incipit omne malum , god knowes how long it will last , i am sure it begun betimes , for these rebells here could make use of this vermilion to colour their foule facts , and prophanely insert the name of the lord to set a faire glosse upon their adulterate wares , and therefore they cry , super congregationem domini . but here by the way you may discerne a grosse error in their mannaging of this part of their rebellion ; for here they fall too bluntly upon the businesse , and oppose themselves too broad , and directly against moses and aaron , they carried it with better sleight and more art . in the 14 ch. there they used some circuition & winding about to get advantages before they came to this maine on-set ; there they fell first upon some of moses his servants , as ioshuah the sonne of nun , and caleb , the sonne of iephunneh , who had done moses and the state good service by their fidelitie and faithfulnesse , in their publique employment for the common good . those they sought by calumny , clamorous accusations and forgeries , of the number and strength of their enemies , and barrennesse of the land , to disgrace and ruine , i , utterly to put them to death ; for all the congregation bad stone them with stones , vers. 10. here had they gone so to worke , and begun with caleb and ioshuah , and if moses for his honours-sake , or publique safetie , should refuse to sacrifice those loyallists to god and their countrey , then they might with a more plausible colour of manners have gather'd themselves together for the dis-placing of those supposed disturbers of the publique peace , and for the judgement and censure of those pretended delinquents against their countrey , who by evill counsells sought to bring both their prince , moses , and themselves , his people , upon a most barren land , and a most dreadfull and invincible enemy . and thus by degrees they might have proceeded till they had had a fairer way to a nimium arrogatis , and a quare ele vamini ? now eò incipiunt quo incredibile est pervenisse , they begin at that height of wickednesse , to which it is almost incredible that any subject should ever ascend or aime at . in this particular sure they are much over-seene ; but yet , fortem animum praestant rebus qua● turpiter audem . they set a good face upon their foule enterprises , & would make the world believe they have good grounds and reasons for what they doe , and so i come to the 6th part . gravaminum ratio , the pretended grounds or reasons for these their grievances . all the congregation is holy every one of them , and the lord is among them . all the congregation is holy every one of them , and therfore no aaron , &c. no high-priest , and here they maske their hellish purposes under the sacred vaile of religion , drawing an absurd consequence , that there must be no chiefe priest , from a wilfully misconceived interpretation of gods owne word , because all the congregation was holy ; for the better understanding , answering and considering of this their sophisticall argumentation , we must know what holinessee is as it relates unto the creature , and of this the holy-ghost gives us a full description . omne consecratum & sanctum sanctorum domino . the old bible renders it thus ; every thing separate from the common use is most holy to the lord , whatsoever is separate either by the institution of almighty god , or the vow and free dedication of man , from the common use of men in secular and worldly imployments , for the service and honour of almighty god is term'd in gods owne phrase holy unto the lord , and therefore as you may read in the same chapter , if a man did dedicate an house or a piece of ground or a field separating the propriety and use of it from the rest of his temporall estates , unto the use and service of almighty god , it is there called and accounted as a thing holy unto the lord ; & also the tithe or tenth both of the seed of the ground , and of the fruit of the trees , and the younglings of the cattell , after it was separated from the nine parts which might be applyed to common use for the maintenance of the owners was called , holy unto the lord , and the sabbath day because it was separated from the other six dayes , wherein men might labour and doe all that they had to doe ; this being set apart for the service of almighty god , therefore it was called holy unto the lord , and the whole congregation of the children of israel because they were separated from the gentiles to keep those lawes , precepts and ordinances which god hath appointed for them , whereas hee suffer'd other nations to be defiled with their own vaine imaginations , therefore the whole congregation are called an holy people to the lord , and this seems to be that part or portion of gods word , which these rebels here use or rather abuse for the inducement and bringing in of a puritie into the church of god , and as a reason why aaron should not be lifted up above the congregation of the lord . but here they use a palpable equivocation in the word holinesse ; for in regard that holinesse is a separation of a person or thing from common use to and for the service of almighty god , in regard of severall services of and to almighty god , there are severall and distinct kinds of holinesse ; as in respect of persons , there is sanctitas conversationis & sancritas functionis ; of conversationis , when men are separated from the vanities of this wicked world , as the lust of the flesh , the lust of the eyes , & the pride of life & devoutly dedicated to the obedience and observance of gods holy will and commandements ; and then there is sanctitas functionis , when certaine men are separated by divine institution from the rest of the congregation to wait and attend gods service , and to officiate at his altars in the priestly function . now though it be granted that all this congregation were holy the first way as well as aaron , ( i. e. ) separated from all other people by the gracious choice of almighty god to serve him in their lives and conversations by obedience to those lawes , commandements and ordinances which god had appointed for them : yet they were not holy by way of function and office as well as aaron , ( i. e. ) separated and set apart by the call and election of almighty god to officiate at his altars , and to minister before god in the priestly office ; for thus aaron and his sons alone were holy , as being but a little while before set apart for the priestly office by the vocation of almighty god himselfe , and consecrated by moses to that holy function , in the view of the whole congregation , as is plaine to be seen . and therefore in the fift vers . of this chap. moses told korah and all his company , saying ▪ to morrow the lord will shew who is his , and who is holy , ( i. e. ) in office and function as the next words plainly declare , and who ought to approach near unto him ( i. e. ) as a priest to offer sacrifices , burne incense , and performe other sacerdotall functions . and indeed the lord shew'd it with a vengeance by the dismall destruction of these unhallowed rebels ; and so you see how these rebels here most prophanely pervert and abuse gods sacred word , because all the congregation were holy , as being separated from all other people by the choice of almighty god , to keep his commandements and ordinances , therefore by this aequivocating tricke and shift , they would have set up this whole congregation to stand in competition with aaron for the priestly office , and so have thrust him out of that eminent place in the church , to which god had called him . and by another religious tricke , not unlike this , they give an heave at moses their prince and governour , for the lord was amongst them , & therefore there must be no moses pretending here the honour and glory of god , for therein lies the force of their argument : the lord was amongst them by day in a cloud , by night in a pillar of fire , and at other times in glorious appearances upon speciall occasions , and therefore it was a derogation from the honour of almighty god , that such an inferiour as moses should take upon him and exercise authority when the king of heaven and earth was present , and here most impudently they abuse god's honour to cover their unworthy and base practises , for they could not be ignorant that god himselfe had imposed this office of government and superioritie upon moses , and that with great reluctancy on his part , and had seene it confirm'd to him by many signes , miracles and wonders . in aegypt at the red sea and in the wildernesse , usque ad stuporem naturae ; and what though god were present amongst them , as he is every where , and can command the whole world , solo nutu , yet 't is very well knowne that it seemed good to the wisedome of almighty god to governe this inferiour world by second causes , so that as he disposes and orders the vegetative natures , as herbes and plants and other fruits of the earth by the notions and influences of the heavens and elements , and the animall or sensible creatures by the power and wisedome of man : so he orders and governes humane societies by kings and princes , whom he cals nutritios ; and therfore it being god's ordinance and pleasure , it could be no derogation from his honour or glory that moses was lifted up above the congregation of the lord , for had it beene praejudiciall to his honour , the wisedome of god could have disposed otherwise of the government of this world ; but yet religion and god's honour were glorious shewes to dazle the peoples eyes , that they might not pierce into the depth of their ambitious designes , and therefore they cryed out , all the congregation are holy , and the lord is among them , and so no moses , no aaron . and see here the corrupt nature of rebellion ; there is nothing so holy , nothing so sacred , nothing so pure , but 't is prophaned , polluted , and defil'd by her abminations . religion , that sacred bond tying god and man together , is made an instrument by rebellion to undoe all humane societies , and the fairest vertue in mans soule is made a maske to hide the deformities of the foulest sin . when ambition swells , or discontent breakes out , or fury rages , then religion must be used as decayed faces doe , fucus and cerus , for the basest offices to cozen and delude the world ; and those who before , like the unjust judge , neither feared god nor regarded man , can now fawne upon those whom before in their pride they scorn'd ; and to advance their owne ambitious ends , force themselves against their owne nature and disposition to seeme religious : nay , and make shift to wrap out a place of scripture too , as the devill did to our saviour , but most miserably wrested and abus'd to serve their owne lusts , as we must obey god rather than man . whatsoever this or that particular man , or this or that particular congregation , shall conceive and interpret to be the word of god , though this conception and interpretation be against the authoriz'd doctrine and discipline of the present church , and the consent and practise of the ancient and primitive church , yet this must be obeyed as the word of god , and that too with rising up and rebelling against their soveraigne , contrary to the expresse word of god himselfe ; but let them take heed they doe not venture too far , least they be numbred in the list of that unlearned , and unstable company , of whose doome s. peter speakes that wrest saint pauls epistles , as they doe also the other scriptures unto their owne destruction . the practice of these rebells here , shew this devilish device to be a great deale more ancient then s. peters time , for they could produce a place of scripture and gods honour too , for the maintaining of their rebellious actions , when ambition was the true cause and ground of their rebellion . and that 's the 7th part. korah was ambitious of the highest place in the church , dathan and abiram in the state , and therefore they were gather'd together : korah it seemes in place & eminency was next to aaron and his sons , as being prince and head of the kohathides , whose office was to beare the sanctuary , a charge of greatest honour and note among the levites , so that he could not endure to see his cousin aaron enter into the glorious sanctuary whil'st he stood without , or that aaron and his sonnes should cover the sanctuary and all the vessells thereof , and he must not so much as see when the holy things were cover'd , or touch any holy thing lest he dye ; this was that discontented him , and therefore his aime was against aaron . dathan and abiram were princes and heads of the rubenites , who came of the elder-house , even of ruben the eldest son of iacob , & they could not endure to be over-topt by the yonger-house by moses & aaron , that descended from levi the younger sonne of iacob , this was that they stomack't , and therefore though their chiefe aime was against moses , yet perhaps aaron's eminency was an eye-sore to them ; they could not endure to see the miter and the scepter in the younger-house , and therefore they are gather'd together against moses and aaron . and indeed all the world may perceive , and so might this whole congregation too , ( had not they beene most miserably blinded and besotted ) by the weaknesse and sillinesse of these mens reasons , that their owne ambitious hopes , and not the peoples good was their maine drift and end ; for can any man with reason , thinke or imagine , that all the congregation should have beene aaron's , and priests , because they were all holy ; or that they should all have bin governours , & princes , and rulers , and do what they lift because the lord was amongst them ? this were a mad conceit to enter into a wise mans braine ; but they made use of these popular pretences to curry favour with the people , who suffer themselves so easily to be gull'd and caught with these gilded-baits ; and when by these traps and gins they had catch't the people , and won their aide and assistance for the deposition of moses and aaron , then no doubt they had other tricks and devices to fetch and turne the congregation about for the advancement of their owne fortunes and honours , and by preferring some specious priviledges , in favour of the peoples liberties , to stop their mouthes , they themselves would have assumed the power and authoritie both of moses and aaron . and this plot , so cunningly contriv'd and carried in every particular , by all humane likelyhood would have proved efficatious , had not god out of his wrathfull indignation , at their damnable impieties , and for the vindication of his owne honour , prophanely abused by these unhallowed rebells , cut them off in the mid'st of their wickednesse . for will you heare the issue of this tumult and rebellion , when they had now screw'd up their plot to the highest pitch , and were now ready to seize their prey , korah and the two hundred and fiftie men , with censers in their hands , and fire , and incense , intruding themselves into the priestly function ; dathan and abiram , lording of it in their tents , and proudly answering moses his messengers , wee will not come unto him : almighty god , by a strange and unheard of punishment , consum'd them in all their sinnes . as for korah , dathan and abiram , they that opened their mouths in a rebellious manner against their lawfull governour , god in his just judgement suffered the inferiour creature to open her mouth against them , for so the text sayes , and the earth open'd her mouth and swallowed them up , and their houses , and all the men that appertained to korah , and all their goods ; they and all that appertained to them went downe alive into the pit , and the earth closed upon them , and they perished from among the congregation . and those 250 who would needs be medling with fire , with the fire of rebellion against their lawfull governour , and with the fire of incense against gods expresse ordinance , incensed gods anger so farre that he quickly fired them out of the world , for so the text sayes , and there came out a fire from the lord and consumed the 250 men that offered incense . quorum exitus perhorrescis , eorum facta imitabere ? thou that tremblest at these mens ends , wilt thou imitate their deeds and actions ? and thinkest thou this o man , that judgest them which a● such things , and dost the same , that thou shalt escape the judgement of god ? who will render to every man according to his deeds . to them who by patient continuance in well doing seek for glory and honour , and immortality , eternall life . but unto them that are contentious and doe not obey the truth , but obey vnrighteousnesse , indignation and wrath , tribulation and anguish upon every soule of man that doth evill . well , when men have tryed all their counsels and wayes , they will finde the advise of king solomon to be the most beneficiall and advantageous for the salvation of their owne soules , and the conservation of peace and tranquillity both in their private states and in the publick state wherein they live , to feare the lord and the king , and not to meddle with them that are seditious , for their calamitie shall rise suddenly , and who knoweth the ruine of them both ? and so to god the father , to god the son , and god the holy ghost , &c. finis . errata . pag. 5. lin. 4. ges read ages . ib. l. 9. korah , r. korah of the tribe of levi . ib. l. ult. l {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , r. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . p. 16. l. 7. qualibet , r. quolibet . ibid. l 14. circumstantionate , r. circumstantiate . p. 21. l. 2. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . p. 22. l. 28. elevaminis , r. elevamini . p. 24. l. 31. opposed , r. supposed . p. 25. l. 24. templum , r. templum d●mins . ib. l. 25. afte-rages , r. after-ages . p. 27. l. 16. holinessee , r. holines . p. 27. l. 18. & , r. est . p. 28. l. 15. puritio , r. puritie . ib ▪ l. 24. conversatio● . r. conversation . p. 30. l. 23. notions , r. motions . notes, typically marginal, from the original text notes for div a45536e-370 numb. 10.11 . par. 1. 2. 3. 4. 5. 6. 7. eccl. 10 , 13. par. 1. numb. 2.33 . numb. 18.20 . 1 king , 1.7 . bellarmine chaplaine to the popes legate in france , at the time of that roman-holy-league . vers. 2. 2 sam. 15. ver. 3. vers. 4. vers. 5. orat. pro mar. c●●● . the behavior of rebels . par. 2. exo. 15.23.16.2 . numb. 13.32 . par. 3. 1 joh. 3.4 . rom. 13.2 . rom. 3.8 . cor. 2. last . act. 20.27 . rom. 13. v. 1. 1 pet. 2.13 . eccl. 45.1 . eccl. 45.6 , & ver. 16. eph. 6.17 . numb. 27.3 . par. 4. luke 19.14 . ver. 27. par. 5. exod. 3.11 . exod. 4.1 . vers. 10. vers. 13. 14. numb. 11.14 . exod. 26. levit. 8. par. 6. leu. 27.23 . lev. 27.32 . lev. 87.32 . exo. 35.2 . levit. 20.26 . exod. 28. levit. 8. esay . 49.23 . 2 pet. 3.16 . par. 7. numb. 16.32 . rom. 2.3 . prov. 24.21 , 22 the undeceiving of the people in the point of tithes: wherein is shewed, i. that never any clergy in the church of god hath been, or is maintained with lesse charge to the subject, then the established clergy of the church of england. ii. that there is no subject in the realme of england, who giveth any thing of his own, towards the maintenance of his parish-minister, but his easter-offering. iii. that the change of tithes into stipends, will bring greater trouble to the clergy, then is yet considered; and far lesse profit to the countrey, then is now pretended. / by ph. treleinie gent. heylyn, peter, 1600-1662. this text is an enriched version of the tcp digital transcription a86306 of text r204596 in the english short title catalog (thomason e418_1). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 81 kb of xml-encoded text transcribed from 16 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a86306 wing h1741 thomason e418_1 estc r204596 99864064 99864064 116283 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a86306) transcribed from: (early english books online ; image set 116283) images scanned from microfilm: (thomason tracts ; 66:e418[1]) the undeceiving of the people in the point of tithes: wherein is shewed, i. that never any clergy in the church of god hath been, or is maintained with lesse charge to the subject, then the established clergy of the church of england. ii. that there is no subject in the realme of england, who giveth any thing of his own, towards the maintenance of his parish-minister, but his easter-offering. iii. that the change of tithes into stipends, will bring greater trouble to the clergy, then is yet considered; and far lesse profit to the countrey, then is now pretended. / by ph. treleinie gent. heylyn, peter, 1600-1662. 30, [2] p. printed by m.f. for john clark, and are to be sold at his shop under s. peters church in cornhill, london : 1648 [i.e. 1647] ph. treleinie = peter heylyn. annotation on thomason copy: "nou: 30". reproduction of the original in the british library. eng church of england -clergy -salaries, etc. -early works to 1800. tithes -england -early works to 1800. a86306 r204596 (thomason e418_1). civilwar no the undeceiving of the people in the point of tithes:: wherein is shewed, i. that never any clergy in the church of god hath been, or is ma heylyn, peter 1647 14088 5 5 0 0 0 0 7 b the rate of 7 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-04 aptara keyed and coded from proquest page images 2008-09 john latta sampled and proofread 2008-09 john latta text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion the vndeceiving of the people in the point of tithes : wherein is shewed , i. that never any clergy in the church of god hath been , or is maintained with lesse charge to the subject , then the established clergy of the church of england . ii. that there is no subject in the realme of england , who giveth any thing of his own , towards the maintenance of his parish-minister , but his easter-offering . iii. that the change of tithes into stipends , will bring greater trouble to the clergy , then is yet considered ; and far lesse profit to the countrey , then is now pretended . by p. h. treleinie gent. 1 cor. 9. 7. who goeth a warfare any time at his own charges ? who planteth a vineyard , and eateth not of the fruit thereof ? or who feedeth a flock , and eateth not of the milk of the flock ? london , printed by m. f. for john clark , and are to be sold at his shop under s. peters church in cornhill . 1648. the undeceiving of the people in the point of tithes . amongst those popular deceits which have been set abroad of late to abuse the people , there is not any one which hath been cherished with more endeerments , then a perswasion put into them of not paying tithes : partly , because it carrieth no small shew of profit with it , but principally as it seemes a conducible means to make the clergy more obnoxious to them , and to stand more at their devotion then they have done formerly . upon these hopes , it hath been the endeavours of some leading men to represent it to the rest as a publick grievance , that the clergy being but an handfull of men in comparison of all the rest of the kingdome , should goe away with the tenth ( or as some say , the sixth part ) of the fruits of the earth ; and that the minister sitting still in his contemplations , should live upon the sweat of other mens brows , and taking pains amongst the people but one day in seven , should have the tenth part of their estates allotted to them for their maintenance . and 't is no marvel if some few , on these mis-perswasions , have importuned the high court of parliament from time to time with troublesome and clamorous petitions to redresse this wrong ; and put them up also in the name of whole counties ( although the generality of those counties had no hand therein ) to adde the greater credit and authority to them . in which designe , although they have prevailed no further on the two houses of parliament , then to be sent away with this generall promise , that in due time their petitions should be taken into consideration ; a and that it was the pleasure of the several and respective houses , that in the mean season they should take care that tithes be duly paid according to law : yet they which have espoused the quarrell , will not so be satisfied . for when it pleased the lords and commons to set out an ordinance bearing date novemb. 8. 1644. for the true payment of tithes and other duties according to the laws and customes of this realm ; there came out presently a pamphlet entituled , the dismounting of the ordinance for tithes ; followed & backed by many a scandalous paper of the self-same strain . and when it seemed good to the said lords and commons , on the precipitancy of some of the clergy under sequestration , to set out their additionall ordinance of the 9th of august , anno 1647. it was encountred presently with a scurrilous pamphlet , entituled , a preparation for a day of thanksgiving to the parliament for their late ordinance for tithes , newly mounted and well charged with treble damages , for the peoples not giving the tenth part of their estates to the clergy or impropriators . and this , according to the style of those petitions , is said to bee the result of the parliaments friends in hartfordshire ; though i am verily perswaded that few , if any of the gentry and men of quality in the county , were acquainted with it . but be it the result of few or many of the parliaments friends ( though i conceive they are but back-friends to the parliament , who set so sleight a value on their constitutions ) the title doth afford two things worthy consideration : first , that the maintenance of the clergy here by law established , is said to bee by giving to them the tenth part of every mans estate : and secondly , that the blow goes higher then before it did , and aims not onely at the devesting of the church of her ancient patrimony , but at the depriving of the gentry of their impropriations , which many of them hold by lease , many by inheritance , all by as good a title as the law can make them . i know there hath been great pains taken by some learned men , to state the institution and right of tithes , and severall judicious tractates have been writ about it : which notwithstanding have not found such entertainment as they did deserve : partly , because being written in an argumentative way , they were above the reach of the vulgar reader ; but principally , because written by men ingaged in the cause , and such as might be byassed with their own interesse in it . for my part , i am free from all those ingagements which may incline mee to write any thing for my private ends , being one that payeth tithes and such other duties as the lawes and ordinances doe injoyn . and though i sit far off from the fountain of businesse , and cannot possibly see at so great a distance , what might best satisfie the doubts and clamours of unquiet men : yet i shall venture to say somewhat in a modest way towards the vndeceiving of the people in this point of tithes , whose judgements have been captivated by those mis-perswasions , which cunningly have been communicated and infused into them . and i shall doe it in a way , ( if i guesse aright ) which hath not yet been travelled in this present point ; such as i hope will satisfie all them of the adverse party , but those who are resolved before-hand , that they will not be satisfied . for whereas the whole controversie turneth on these three hinges : first , that the maintenance allowed the clergy is too great for their calling , especially considering the small number of them : secondly , that it is made up out of the tenth part of each mans estate ; and thirdly , that the changing of this way by the payment of tithes into that of stipends , would be more gratefull to the countrey , and more ease to the clergy : i shall accordingly reduce this small discourse unto these three heads . first , i will shew , that never any clergy in the church of god hath been , or is maintained with lesse charge to the subject , then the established clergy of the church of england . secondly , that there is no man in the realm of england , who payeth any thing of his own towards the maintenance of his parish-minister , but his easter offering . and thirdly , that the changing of tithes into stipends , would bring greater trouble to the clergy , then is yet considered , and far lesse profit to the countrey , then is now pretended . these propositions being proved , ( which i doubt not of ) i hope i shall receive no check for my undertaking , considering that i doe it of a good intent to free the parliament from the trouble of the like petitions , and that the common people being disabused , may quietly and chearfully discharge their duties according to the laws established ; and live together with that unity and godly love which ought to be between a minister and his congregation . this is the sum of my designe , which if i can effect , it is all i aim at : and with this declaration of my minde and meaning , i trust this short discourse of mine will be , if not applauded , yet at least excused . first then i am to prove this point : i. that never any clergy in the church of god , hath been , or is maintained with lesse charge to the subject , then the established clergy of the church of england . for proof of this , we must behold the church of god , as it stood under the law in the land of canaan , and as it now stands under the gospel in the most flourishing parts of christendom . under the law , the tribe of levi was possessed of 48 cities , and the territories round about them , extending every way for the space of 2000 cubits , which in so small a country was a greater proportion , then the rents received by the clergy for all the bishoprick and chapter lands in the realm of england . then had they besides tithes ( whereof more anon ) the first-born of mankinde , and all unclean beasts , which were redeemed at the rate of five shekels apeece , amounting in one month to 12 s. 6 d. and of the firstlings of clean beasts , their bloud being sprinkled on the altar , and the fat offered for a burnt-offering , the flesh remained unto the priests . of which , see num. 18. v. 15 , 16 , 17 , 18. they had also the first-fruits of wine , oyl , and wool , deut. 18. v. 4. yea , and of all things else which the earth brought forth for the use of man ; the first-fruits of the dough , numb. 15. v. 20 , 21. the meat-offerings , the sin-offerings , the trespasse-offerings b , the shake-offerings , the heave-offerings , and the shew-bread : as also of all eucharisticall sacrifices , the breast and the shoulder ; of others , the shoulder , and the two cheeks , and the maw c ; and of the whole burnt-offering , they received the skin d . then adde , that all the males of the tribes of israel , were to appear thrice yearly before the lord , and none of them came empty-handed : and that if any had detained any thing in part or in whole , which was due by law , he was to bring a ramme for an offering , to make good that which was detained , and to adde a fift part to it in the way of recompense . besides , these duties were brought in to the priests and levites without charge or trouble . and if any for their own ease desired not to pay in kinde , but to redeem the same for a summe of money ; the estimation of the due was to be made by the priest e ; and a fifth part added , as before , for full satisfaction . in a word , such and so many allowances had the priests and levites , that setting by the tithes of their corn and cattell and of all manner of increase ; their maintenance had far exceeded that of the english clergy ; and adding unto these the tithes of all creatures tithable , it doth more then double it . for in the payment of their tithes by the lords appointment , there was not only a full tenth of all kinds of increase , but such an imposition laid on all kinds of grain , as came to more then a sixt part of the crop it self : insomuch that of 6000 bushels , 1121 accrued unto the priests and levites ; 4779. remaining only to the husbandman . for first , out of 6000 bushels ( and so accordingly in all after that proportion ) a sixtieth part at least , ( and that they tearmed the therumah of the evill eye , or the niggards first-fruits ) was to bee set apart for the first-fruits of the threshing floor ; which was one hundred in the totall . out of the residue , being 5900 bushels , the first tithe payable to the levites , which lived dispersed and intermingled in the rest of the tribes , came to 590 bushels ; and of the residue being 5310 bushels , 531 were paid for the second tithe unto the priests , which ministred before the lord in his holy temple ; yet so , that such as would decline the trouble of carrying it in kinde unto hierusalem , might pay the price thereof in money according to the estimate which the priests made of it . to which a fift part being added ( as in other cases ) did so improve this tithe to the priests advantage ; as that which being paid in kind , was but tenne in the hundred , being thus altered into money , made no lesse then threescore . now lay these severall sums together , and of 6000 bushels , as before was said , there will accrew 1121 to the priest and levite , and but 4779 to the lord or tenant . by which accompt the priests and levites in the tithing of 6000 bushels , received twice as much within a little , as is possessed or claimed by the english clergy , even where the tithes are best paid , without any exemptions , which are so frequent in this kingdome . but then perhaps it will be said , that the levites made up one of the twelve tribes of israel , and having no inheritance amongst the rest but the tithes and offerings , besides the 48 cities before mentioned , were to bee settled in way of maintenance correspondent unto that proportion . but so it is not in the case of the english clergy , who are so far from being one in twelve or thirteen at most , that they are hardly one for an hundred ; or as a late pamphlet doth infer , not one for five hundred ; f who on this supposition , that there are 500 men and women in a countrey parish , the lands whereof are worth 2000 l. per annum , and that the minister goeth away with 400 l. a year of the said two thousand : concludeth , that hee hath as much for his own particular , as any sixscore of the parish , supposing them to be all poor or all rich alike : and then cries out against it as the greatest cheat and robberie that was ever practised . but the answer unto this is easie , i would there were no greater difficulties to perplexe the church . first , for the tribe of levi , it is plain and evident , that though it passe commonly by the name of a tribe , yet was it none of the twelve tribes of israel , the house of joseph being sub-divided into two whole tribes , those namely of ephraim and manasses , which made up the twelve . and secondly , it is as evident , that it fell so short of the proportion of the other tribes , as not to make a sixtieth part of the house of jacob . for in the general muster which was made of the other tribes , of men of 20 years and upwards , such onely as were fit for arms and such publick services , the number of them came unto 63550 fighting men ; to which if we should adde all those which were under 20 years and unfit for service , the number would at least be doubled . but the levites being all reckoned from a month old and above , their number was but 22000 in all , ( of which see num. 1. 46. & 3. 39. ) which came not to so many by 273 as the onely first-born of the other tribes : and therefore when the lord took the levites for the first-born of israel , the odde 273 were redeemed according to the law , at five shekels a man , and the money which amounted to 1365 shekels was given to aaron and his sons , num. 7. 47 , 48. which ground so laid according to the holy scriptures , let us next take a view of the english clergy , and allowing but one for every parish , there must bee 9725 , according to the number of the parish churches ; or say ten thousand in the totall , the residue being made up of curates officiating in the chappels of ease throughout the kingdome : and reckoning in all their male children from a month old and upwards , the number must be more then trebled . for although many of the dignified and beneficed clergy doe lead single lives , yet that defect is liberally supplied by such married curates , as do officiate under them in their severall churches . and then , as to the disproportion which is said to be between the clergy and the rest of the people , one to five hundred at the least : the computation is ill grounded , the collection worse . for first , the computation ought not to be made between the minister and all the rest of the parish , men , women , and children , masters , and dames , men-servants , & maid-servants , and the stranger which is within the gates ; but between him and such whose estates are titheable , and they in most parishes are the smallest number . for setting by all children which live under their parents , servants , apprentices , artificers , day-labourers , and poor indigent people : none of all which have any interest in the titheable lands : the number of the residue will be found so small , that probably the minister may make one of the ten , and so possesse no more then his own share comes to . and then how miserably weak is the collection wch is made from thence , that this one man should have as much as any sixscore of the rest of the parish , ( supposing that the parish did contain 500 persons ) or that his having of so much were a cheat and robbery ? and as for that objection which i find much stood on , that the levites had no other inheritance but the tithes and offerings , numb. 18. 23. whereas the english clergy are permitted to purchase lands , and to inherit such as descend unto them ; the answer is so easie , it will make it selfe . for let the tithes enjoyed by the english clergy descend from them to their posterity , from one generation to another , as did the tithes and offerings on the tribe of levi : and i perswade my self , that none of them will be busied about purchasing lands , or be an eye-sore to the people in having more to live on then their tithes and offerings . til that be done , excuse them if they doe provide for their wives and children , according to the lawes both of god and nature . and so much for the parallel in point of maintenance , between the clergy of this church and the tribe of levi . proceed we next unto the ministers of the gospel at the first plantation , during the lives of the apostles , and the times next following ; and we shall finde , that though they did not actually receive tithes of the people , yet they still kept on foot their right ; and in the mean time , till they could enjoy them in a peaceable way , were so provided for of all kind of necessaries , that there was nothing wanting to their contentation . first , that they kept on foot their right , and thought that tithes belonged as properly to the evangelicall priesthood , as unto the legall : seems evident unto me by s. pauls discourse : who proves melchisedeks priesthood by these two arguments : first , that he blessed abraham ; and secondly , that he tithed him , or received tithes of him . for though in our english translation it be onely said , that he received tithes of abraham , which might imply that abraham gave them as a gift , or a free-will-offering , and that melchisedek received them in no other sense : yet in the greek it is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which in plain english is , that he tithed abraham , and took them of him as his due , heb. 7. 6. if then our saviour be a priest after the order of melchisedek , as no doubt he is , hee must have power to tithe the people as well as to blesse them , or else he comes not home to the type or figure : which power of tithing of the people , or receiving tithes of them , since he exerciseth not in person ; it seems to me to follow upon very good consequence , that hee hath devolved this part of his power on those whom he hath called and authorised for to blesse the people . certain i am , the fathers of the primitive times , though they enjoyed not tithes in specie , by reason that the church was then unsettled , and as it were in motion to the land of rest , ( in which condition those of israel paid no tithes to levi ) yet they still kept their claim unto them , as appears clearly out of origen , and some other ancients . and of this truth i think no question need be made amongst knowing men . the only question will be this , whether the maintenance which they had till the tithes were paid , were not as chargeable to the people as the tithes now are ( supposing that the tithes were the subjects own ) . for my part i conceive it was , the people of those plous times not thinking any thing too much to bestow on god , for the encouragement of his ministers , and the reward of his prophets . they had not else sold off their lands and houses , and brought the prices of the things which were sold , and laid them at the apostles feet , as we know they did , acts 4. 34 , 35. but that they meant that the apostles should supply their own wants out of those oblations , as well as the necessities of their poorer brethren . i trow , the selling of all , and trusting it to the dispensing of their teachers , was matter of more charge to such as had lands and houses , then paying the tenth part of their house-rent , or the tithe of their lands . and when this custome was laid by , ( as possibly it might end with the apostles themselves ) the offerings which succeeded in the place thereof , and are required or enjoyned by the apostolicall canons , were so great and manifold , that there was nothing necessary to the life of man , as honey , milke , fowl , flesh , grapes , corn , oyl , frankincense , fruits of the season , yea strong drink , and sweet mears , which was not liberally offered on the altars , or oblation-tables : insomuch as the authour of the book called the holy table , name , and thing , &c. according to his scornfull manner , saith of them , that they were rather panteries , larders , or store-houses , then so many consecrated altars . and though he make those canons but as so many pot-guns , yet as great criticks as himselfe esteeme otherwise of them , as his antagonist in that quarrell proves sufficiently . and as for that particular canon which requires these offerings , it is but an exemplification or particularizing of that which is more generally prescribed by s. paul , gal. 6. 6. where he enjoyneth him that is taught to communicate to him that teacheth him , in omnibus bonis , in all his goods , as the rhemists read it very rightly , & not in all good things , as our late translation . now this injunction reacheth to all sorts of people , to the poor as well as to the rich , as appears plainly by a passage in s. cyprians works , where he upbraids a wealthy widow for coming empty-handed , and without her offering to the altar of god , and eating of that part of the sacrifice which the poor had offered g . to the improvement of the maintenance of him that teacheth , not only the rich men were to offer out of their abundance , but the poor woman also was to bring her mite . they had not else come home to saint pauls commandment , which reacheth unto all sorts of people without any exception ; to every one according to that measure of fortune which god hath given him : which clearly sheweth , that though the payment of tithes fall heavier upon landed men , then possibly it might doe in the primitive times , before the church was in a condition to demand her rights : yet speaking generally of the people of a church or parish , the charge was greater to them then , then it hath been since ; the greatest numbers of the people being freed from tithes , ( because they have no lands from whence tithes are payable ) who could not be discharged from the communication of their goods and substance without a manifest neglect of saint pauls injunction . more then this yet , besides what was communicated in a private way , for the incouragement and support of him that taught ; which we may well conceive to be no small matter : the publick offerings of the people were of so great consequence , as did not onely serve to maintain the bishop , according to his place and calling , and to provide also for the priests or ministers which served under him ; but also to relieve the poor and repair their churches h . and therefore certainly the faithfull of those times were generally at more charge to maintain their ministery , then the subject is with us in england ; the greatest part of which by far pay no tithes at all to the parish-minister , and no man any thing at all towards the maintenance of the bishop , as in former days . follow we our designe through severall countries , and we shall finde the clergy of most parts in christendome , either more plentifully endowed , or else maintained with greater charge unto the subject , then the clergy of the church of england . in france , the authour of the cabinet computes the tithes and temporall revenues of the clergy , besides provisions of all sorts , to 80 millions of crowns ; but his accompt is disallowed by all knowing men . bodin reporteth from the mouth of monfieur d' alemant , one of the presidents of accompts in paris , that they amount to 12 millions , and 300000 of their livres , which is 1230000 l. of our english mony ; and he himself conceives that they possesse seven parts of twelve of the whole revenues of that kingdome . the book inscribed comment d' estat gives a lower estimate , and reckoning that there are in france 200 millions of arpens , which is a measure somewhat bigger then our acre , assigneth 47 millions , which is neer a fourth part of the whole , to the gallican clergy . but which of these soever it be we think fit to stand to , it is resolved by them all that the baise manie , which consists of offerings , churchings , burials , diriges , and such other casualties , amounteth to as much per annum , as their standing rents : upon which ground , sir edwin sandys computeth their revenue at six millions yearly . in italy , besides the temporall estate of the popes of rome , the clergy are conceived to have in some places a third part of the whole ; but in most a moyetie . in spain , the certain rents of the archbishoprick of toledo , are said to be no lesse then 300000 crowns per annum ; which is far more then all the bishops , deans , and prebendaries , do possesse in england . in germany , the bishops for the most part are powerfull princes ; and the canons of some churches of so fair an intrado , and of such estimation amongst the people , that the emperours have thought it no disparagement to them , to have a canons place in some of their churches . and as for the parochial clergy in these three last countries , especially in spain and italy , where the people are more superstitious then they be in germany , there is no question but that the vailes and casualties are as beneficiall to them , as the baise manie to the french . but here perhaps it will be said that this is nothing unto us of the realm of england , who have shook off the superstitions of the church of rome , and that our pains is spent but to litle purpose , unlesse we can make good our thesis in the churches protestant . we must therefore cast about again : and first , beginning with france , as before we did , we shall finde that those of the reformed party there , not onely pay their tithes to the beneficiary , who is presented by the patron to the cure or title ; or to the church or monastery to , which the tithes are settled by appropriations ; but over and above do raise an yearly maintenance for those that minister amongst them . just as the irish papists pay their tithes and duties unto the protestant incumbent , and yet maintain their own priests too by their gifts & offerings ; or as the people in some places with us in england , doe pay their tithes unto the parson ▪ or vicar whom the law sets over them , and raise a contribution also for their lecturer , whom they set over themselves . in other countries where the supream governours are reformed or protestant , the case is somewhat better with the common people , although not generally so easie as with us in england . for there the tithes are taken up by the prince or state , and yearly pensions assigned out of them to maintain the ministers ; which for the most part are so small , and so far short of a competency ( though by that name they love to call it ) that the subject having paid his tithes to the prince or state , is fain to adde something out of his purse , towards the mending of the stipend . besides , there being for the most part in every church two distinct sorts of ministers , that is to say , a pastor who hath cure of souls , and performs all ministeriall offices in his congregation ; and a doctor ( like our english lectures , which took hint from hence ) who onely medleth with the word . the pastor onely hath his stipend from the publick treasurer , the doctor being maintained wholly ( as i am credibly informed ) at the charge of the people : and that not onely by the bounty or benevolence of landed men , but in the way of contribution , from which no sort of people of what rank soever , but such as live on alms or the poore mans box , is to be exempted . but this is onely in the churches of calvins platform , those of the lutheran party in denmark , swethland , and high germany , having their tithes and glebe they had before ; and so much more in offerings then with us in england , by how much they come neerer to the church of rome , both in their practise and opinions , ( especially in the point of the holy sacrament ) then the english doe . and as for our dear brethren of the kirk of scotland , who cannot be so soon forgotten by a true born english man , the tithes being settled for the most part on religious houses , came in their fall , unto the crown , and out of them a third was granted to maintain their minister : but so ill paid while the tithes remained in the crown , and worse when alienated to the use of private gentlemen , that the greatest part of the burden for support of the ministery , lay in the way of contribution , on the backs of the people . and as one ill example doth beget another , such lords and gentlemen as had right to present to churches , following the steps of those who held the tithes from the crown , soon made lay-fees of all the tithes of their own demesnes , and left the presentee such a sorry pittance , as made him burthensome to his neighbours for his better maintenance . how it stands with them now since these late alterations , those who have took the nationall covenant , and i presume are well acquainted with the discipline and estate of the scottish kirk ( which they have bound themselves to defend and keep ) are better able to resolve us . and so much for the proof of the first proposition , namely , that never any clergy in the church of god , hath been , or is maintained with lesse charge of the subject , then the established clergy of the church of england . and yet the proof hereof will be more convincing , if we can bring good evidence for the second also : which is , ii. that there is no man in the kingdome of england , who payeth any thing of his own towards the maintenance and support of his parish-minister , but his easter-offering . and that is a paradox indeed , will the reader say . is it not visible to the eye , that the clergy have the tenth part of our corn and cattell , and of others the increase and fruits of the earth ? doe not the people give them the tenth part of their estates , saith one of my pamphlets ? have they not all their livelihoods out of our purses , saith another of them ? assuredly neither so , nor so . all that the clergy doth receive from the purse of the subject , for all the pains he takes amongst them , is two pence at easter . he claims no more then this as due , unlesse the custome of the place , ( as i think in some parts it is ) bring it up to sixe pence . if any thing be given him over this by some bountifull hand , he takes it for a favour , and is thankfull for it . such profits as come in by marriages , churchings , and funerall sermons , as they are generally small , and but accidentall : so hee is bound unto some speciall service and attendance for it . his constant standing fee , which properly may be said to come out of the subjects purse for the administration of the word and sacraments , is nothing but the easter-offering . the tithes are legally his own , not given unto him by the subject , as is now pretended , but paid unto him as a rent-charge laid upon the land ; and that before the subject , either lord or tenant , had any thing to do in the land at all . for as i am informed by sir edw : coke in his comment upon littletons tenures , li. 1. cap. 9. sect. 73. fo. 58. it appeareth by the laws and ordinances of ancient kings , and specially of king alfred , that the first king of this realm had all the lands of england in demesne and les grands manours & royalties , they reserved to themselves , and with the remnant they for the defence of the realm enfeoffed the barons of the realm with such jurisdiction as the court baron now hath . so he , the professed champion of the common laws . and at this time it was , when all the lands in england were the kings demesne , that ethelwolph , the second monarch of the saxon race ( his father egbert being the first which brought the former heptarchie under one sole prince ) conferred the tithes of all the kingdome upon the church , by his royall charter . of which , thus ingulph abbot of crowland an old saxon writer . i an. 855. ( which was the 18 of his reign ) king ethelwulph with the consent of his prelates & princes which ruled in england under him in their severall provinces , did first enrich the church of england with the tithes of all his lands and goods , by his charter royall . ethelward , an old saxon , and of the bloud royall , doth expresse it thus k : he gave the tithe of his possessions for the lords own portion , and ordered it to be so in all the parts of the kingdome under his command . florence of worcester in these words , l king ethelwolfe for the redemption of his own soul , and the souls of his predecessors , discharged the tenth part of his realm of all tributes and services due unto the crown , and by his perpetuall charter signed with the signe of the crosse offered it to the three-one god . roger of hovenden hath it in the self-same words ; and huntingdon more briefly thus , m that for the love of god and the redemption of his soul , he tithed his whole dominions to the use of the church . but what need search be made into so many authours , when the charter it self is extant in old abbot ingulph , and in matthew of westminster , and in the leiger book of the abbey of abingdon ? which charter being offered by the king on the altar at winchester , in the presence of his barons , was received by the bishops , and by them sent to be published in all the churches of their severall diocesses : a clause being added by the king ( saith the book of abingdon ) that whoso added to the gift , n god would please to prosper and increase his days ; but that if any did presume to diminish the same , he should be called to an accompt for it at christs judgment seat , unlesse he made amends by full satisfaction . in which as in some other of the former passages , as there is somewhat savouring of the errour of those darker times , touching the merit of good works ; yet the authorities are strong and most convincing for confirmation of the point which we have in hand . now that the king charged all the lands of the kingdome with the payment of tithes , and not that onely which he held in his own possession , is evident both by that which was said before from sir edw : coke , and by the severall passages of the former authours . for if all the lands in the kingdome were the kings demesnes , and the king conferred the tithes of all his lands on the church of god , it must follow thereupon that all the lands of the realm were charged with tithes before they were distributed amongst the barons for defence of the kingdome . and that the lands of the whole realm were thus charged with tithes , as well that which was parted in the hands of tenants , as that which was in the occupancy of the king himself ; the words before alledged doe most plainly evidence ; where it is said that he gave the tenth of all his lands , as ingulph ; the tithe of his whole land , as henry of huntingdon ; the tenth part of his whole kingdome , as in florence of worcester ; the tenth part of the lands throughout the kingdome , in the charter it self . and finally , in the book of abingdon , the charter is ushered in with this following title ; viz. quomodo ethelwolfus rex dedit decimam partem regni sui ecclesiis , that is to say , how ethelwolf gave unto the church the tenth part of his kingdome . this makes it evident , that the king did not only give de facto , the tithe or tenth part of his whole realm to the use of the clergy ; but that he had a right and a power to doe it ; as being not onely the lord paramount , but the proprietary of the whole lands ; the lords and great men of the realm not having then a property or estates of permanency , but as accomptants to the king , whose the whole land was . and though it seems by ingulph their consents were asked , and that they gave a free consent to the kings donation ; yet was this but a matter of form , and not simply necessary : their approbation & consent being only asked , either because the king was not willing to doe any thing to the disherison of his crown , without the liking and consent of his peers ; or that having their consent and approbation , they should bee barred from pleading any tenant-right , and be obliged to stand in maintenance and defence thereof against all pretenders . and this appears yet further by a law of king athelstanes , made in the year 930 , about which time not only the prelates of the church , as formerly , but the great men of the realm , began to be settled in estates of permanency , and to claim a property in those lands which they held of the crown ; and claiming , to make bold to subduct their tithes . for remedy whereof , the king made this law , commanding all his ministers throughout the kingdome , that in the first place they should pay the tithes o of his own estate , ( that is to say , that which he held in his own hands , and had not estated out to his lords and barons ) and that the bishops did the like of that which they held in right of their churches ; & his nobles and officers of that which they held in property , as their own possessions or inheritance . by which we finde that tithes were granted to the clergy out of all the lands in the kingdome , and the perpetuall payment of them laid as a rent-charge on the fame , by the bounty and munificence of the first monarchs of this realm , before any part thereof was demised to others . and if perhaps some of the great men of the realm had estates in property ( as certainly there were but few , if any , which had any such estates in the times we speak of ) they charged the same with tithes by their own consent , before they did transmit them to the hands of the gentry , or any who now claim to lay hold under them . so then , the land being charged thus with the payment of tithes , came with this clog unto the lords and great men of the realm ; and being so charged with tithes by the kings and nobles , have been transmitted and passed over from one hand to another , untill they came to the possession of the present owners . who whatsoever right they have to the other nine parts , either of fee-simple , lease , or copy , have certainly none at all in the tithe or tenth , which is no more theirs , or to be thought of , then the other nine parts are the clergies . for whether they hold their lands at an yearly rent , or have them in fee , or for tearm of life , or in any other tenure whatsoever it be they hold them , and they purchased them on this tacite condition , that besides the rents and services which they pay to the lord , they are to pay unto the clergy , or unto them who do succeed in the clergies right , a tenth of all the fruits of the earth , and of the fruits of their cattell , and all creatures tithable , unlesse some ancient custome or prescription doe discharge them of it . and more then so , whether they hold by yearly rent , or by right of purchase , they held it at lesse rent by far , and buy it at far cheaper rates , because the land it self and the stock upon it is chargeable with tithes , as before was said , then they would doe , or could in reason think to do , were the land free from tithes , as in some places of this realm it is . to make this clearer by example of an house in london , where , according to the rent which the house is set at , the minister hath 2 s. 9 d. out of every pound in the name of a tithe . suppose we that the rent of the house be 50 l. the ministers due according unto that proportion , comes to 6 l. 17 s. 6 d. yearly ; which were it not paid , and to be paid by law to the parish-minister , there is no question to be made , but that the landlord of the house would have raised his rent , and not content himself with the 50 l. but look for 56 l. 17 s. 6 d. which is the whole rent paid , though to divers hands . and if this house were to be sold at 16 years purchase , the grantee could expect no more then 800 l. because there is a rent of 6 l. 17 s. 6 d. reserved to the minister by law , which is to be considered in the sale thereof ; whereas if no such rent or tithe were to issue out of it , he would have as many years purchase for the sum remaining , which would inhaunce the price 110 l. higher then before it was . now by this standard we may judge of the case of lands , though by reason of the difference of the soil , the well or ill husbanding of grounds , and the greatnesse or smalness of the stock , which is kept upon them , it cannot be reduced to so clear a certainty . but whatsoever the full tithe of all be worth to the minister , we may undoubtedly conclude , that if so much as the tithe comes to yearly , were not paid to him , the landlord would gain it in his rent , and the grantee get it in the sale : no benefit at all redounding to the tenant by it , nor any unto him that buyeth it . or if we will suppose with one of my pamphlets , and let it be supposed this once for our better proceeding , that he who officiates in a parish where tithes are paid in kind without any substractions , hath the fift part of every landed mans estate , that is to say , four pounds in every 20 l. per annum : the purchaser or tenant , be he which he will , may positively build on this in his better thoughts , that if four pounds in twenty were not paid to the minister , the tenant must pay to his landlord , and the purchaser must buy it at the same rates , as he did the rest of the land . but being that neither the tenant pays rent for it , nor the purchaser hath it in his grant for him that selleth the land unto him , the tithe of the increase of their land and stock , and other creatures tithable in their possession can be none of their own , but must be his , and onely his , whom the munificence of kings and princes , confirmed by so many laws and statutes , have conferred it on . his part indeed it is , not ours , ( not the tenth part of our estates , as my pamphlet saith ) & he receives it of us as a rent or duty , transmitted to us with the land from one hand to another ; not as a matter of gift , or an act of courtesie . if then we pay not any thing of our own to the parish-minister , which ariseth to him from the increase of corn and cattell , and other creatures tithable by the law of the land ; i think it cannot be affirmed by discerning men , who are not led aside by prejudice and prepossessions , that we give any thing at all of our own unto them , more then our easter-offering , be it more or lesse . 't is true , some statutes have been made about the payment of personall tithes , out of the gains arising in the way of trade : and i remember dr burgesse writ a book about it , for which he stands as highly censured by the independent p , as for other things by those of the prelaticall party . but then i think it is as true , that either those statutes were drawn up with such reservations , or men of trades have been so backward to conform unto them ; that little or no benefit hath redounded by them to the parish-minister , more then to shew the good affections which the parliaments of those times had unto the clergy . and if we pay nothing of our own towards the maintenance of the clergy out of the increase of our grounds and stock , as i have plainly proved we doe not ; and that no benefit come unto them from the gains of trading , as i think there comes not : if those small vailes and casualties which redound unto him from marriages , churchings , and the like occasions , be given unto him for some speciall service which he doth perform , and not for his administration of the word and sacraments ; i hope my second proposition hath been proved sufficiently , namely , that there is no man in the kingdome of england who payeth any thing of his own towards the maintenance of his parish-minister , but his easter-offering ; if so , as so it is for certain , there hath been little ground for so great a clamour as hath been lately raised about this particular : lesse reason to subduct or to change that maintenance which the piety of our kings have given , and the indulgence of succeeding princes have confirmed in parliament , without any charge unto the subject . which change , though possibly some specious colors may be put unto it , will neither be really beneficiall to the clergy or laity . and that conducts me on to my last proposition , viz. iii. that the change of tithes into stipends will bring greater trouble to the clergy , then is yet considered ; and far lesse profit to the country , then is now pretended . this is a double proposition , and therefore must be looked on in its severall parts : first , in relation to the clergy , whose ease is very much pretended , and next in reference to the occupant , whose profit onely is intended in the change desired . it is pretended for the clergy q to be a very difficult thing to know the dues demandable in their severall parishes , that it maketh them too much given unto worldly things , by looking after the inning and threshing out of their corn ; and doth occasion many scandalous and vexatious suits betwixt them and their neighbours : all which , they think will be avoided , in case the ministers were reduced to some annuall stipend . and to this end it is propounded by the army in their late proposals , that the unequall , troublesome , and contentious way of ministers maintenance by tithes , may be considered of , ( in parliament ) and a remedy applied unto it . but under favor of the army , and of all those who have contrived the late petitions to that purpose ; i cannot see but that the way of maintenance by annuall stipends will be as troublesome , unequall , and contentious too , as that of tithes by law established ; especially if those annuall stipends be raised according to the platform which is now in hand . for , as far as i am able to judge by that which i have seen and heard from the chief contrivers , the design is this . a valuation to be made of every benefice over all the kingdome , according to the worth thereof one year with another ; a yearly summe according to that valuation to be raised upon the lands of every parish , which now stand chargeable with tithes ; the mony so assessed and levied , to be brought into one common treasury in each severall county , and committed to the hands of speciall trustees hereunto appointed ; and finally , that those trustees doe issue out each halfe year such allowances to the ministers of the severall parishes , respect being had unto the deserts of the person and the charge of his family : yet so , that the impropriatours be first fully satisfied according to the estimate of their tithes and glebe . this is the substance of the project . and if the moneys be assessed in the way proposed , onely upon the landed men , whether lords or tenants , and not upon artificers handicrafts , and men of mysterious trades , who receive equall benefit by the ministers labours ; the way of maintenance by stipends will be as unequall altogether , as by that of tithes . and if it be but as unequall , i am sure it will be far more troublesome . for now the minister or incumbent hath no more to doe , but to see his corn brought in and housed ( being to be cut and cocked to his hand both by law and custome ) and being brought in , either to spend it in his house , or sell the residue thereof to buy other provisions . which if hee think too great an avocation from his studies , he may put over to his wife , or some trusty servant , as gentlemen of greater fortunes doe unto their bailifs . and i my self know divers clergy men of good note and quality , to whom the taking up of tithes brings no greater trouble , then once a month to look over the accompts of their servants : besides , that many of them , keeping no more in their hands , then what will serve for the necessary expence of houshold , let out the rest unto some neighbour at an yearly rent . but when the tithes are turned to money , and that the minister hath neither corn nor hay , nor any other provision for expence of houshold , but what hee buyeth by the penny : what an unreasonable trouble must it needs prove to him to trudge from one market to another , for every bit of bread he eats , & every handfull of malt which he is to spend ? and if corn happen to be dear , ( as it is at this present ) one quarter of a years provisions bought at the price of the market , may eat out his whole years allowance . besides , i would fain learn , for i know not yet , whether the valuation be to be made yearly , and to hold no longer then that year , or being once agreed on to endure for ever . if it be made from year to yeare , either the minister must be at a certain trouble in driving a new bargain every year , with each severall and respective occupant within the parishes ; or at a greater trouble in attending the trustees of the county , till they have list and leisure to conclude it for him . but if the valuation once made be to hold for ever , which is i think , the true intent of the designe ; i would fain know , in case the price of all commodities should rise as much by the end of the next hundred years , as it hath done in the last , and so the next hundreds after that ; how scant a pittance the poor minister will have in time for the subsistence of himself and his family-charge . for since the 26 of king henry the 8th when a survay was taken of all the spirituall promotions in this kingdome , and the clear yearly value of each returned into the court of the exchequer , the prices of commodities have been so inhaunced , that had not benefices been improved proportionably , but held unto the valuation which is there recorded , the ministery in generall had been so poor , so utterly unable to have gone to the price of the markets , that many must have digged or begged for an hungry livelihood . and yet we doe not see an end of the mischief neither ; for when the tithes are changed to a sum of money , and the mony brought into a common bank or treasury , hee will bee sure to undergoe a certain losse , and be vexed with more uncertain troubles . for when this clergy-office is once erected and settled in a constant course or method , as all offices be ; there must be treasurers , receivers , tellers , auditours , besides under-offices , in each severall county : every of which will look to have some benefit by his place and office , if not his whole subsistence by it . and i would fain know of these grand projectors , by that time every one of these cooks hath licked his fingers , and each cerberus hath had his mouth full ; how pitifully short the commons must needs prove to the hungry clergy , who are to live on the remainder . now as the losse is more then certain , so will the trouble be as great as the losse , and no lesse certain too , though it be uncertain . for when the poor clergy-man hackneyeth to receive his stipend , how many put-offs shall he finde , ere he speed of his business . for either mr treasurer is not at leisure , or the money is not yet come in , or better men then he must be sped before him : and having danced a fortnight in this attendance , may possibly be forced to a composition , and take egs for his money , or else pay very dearly for his expedition . such courses have been formerly complained of in the kings exchequer ; committees in the countrey are not free from the like complaints : and much i fear , lest this new office prove as full of delaies and trouble ( for the best of us are but men , and subject to corrupt affections ) as either of the others have been found to be . but then , if mr treasurer have a further power either of augmentation or of diminution , according as he judgeth of the ministers diligence , or looks upon him in respect of his charge and family : what a base vassallage and thraldome must the poor clergy-man bee brought to , in having such a super-intendent to judge of his parts and diligence , or to assigne him an allowance for his wife and children ? how punctually must mr treasurer be attended and crouched unto , gifted , and bribed from time to time , either in hope to have the yearly stipend mended , or else for fear to have it lessned ? the chancellors were thought to lord it with too high an insolency , when the poor country-minister did appear before them . but these who are to bear the bag , and upon whom the clergy must depend for a poor subsistence , will bee sure to lord it over them with contempt enough ; more then the chancellour or bishop in the worst times of their government : in case at last they doe not think all wast which is given to christ , under pretence of keeping it for more pious uses . and what a trouble and vexation to ingenuous mindes this must needs be thought , let the reader judge . so then , the way of ministers maintenance by yearly stipends being as unequall , and more troublesome then that of tithes ; let us next see whether it may not prove as contentious also . t is true indeed , there have been many suits in the courts of westminster , between some incumbents and their neighbours about matter of tithes ; but if it be examined where the fault lieth most , i doubt it will be rather found to proceed out of covetousness in some parishioners , then any difficulty in discovering the demandable dues , or any contentiousness in the ministers . for many countrey people reckoning all good gains of which they can defraud the parson , are apt enough on all occasions to subduct their tithes , and either to pretend customes , or plead prescriptions , to decline the payment . and though they commonly attempt it first in such trifling matters , as are not considerable in themselves , and would bring a scandall on the minister , should he be too strict , and trouble them for matters of so sleight a nature : yet when he looks upon the consequent , and that the withholding or subducting of those petit tithes , is but to make a way for the rest to follow ; hee findes more reason to insist on a punctuall payment , then otherwise the nature of the thing would bear . and if a suit ensue upon it , i see not why it should be charged upon the minister , who is accomptable to god , the church , and his whole succession , from any diminution of the churches rights , by his remisnesse or connivence . but wheresoever the fault lies , contentious suits doe sometimes happen , there is no question of it . and can wee think contentions will not also rise about the payment of the stipends ? some men conceive themselves to be over-rated , others are apt enough to think that the tradesmā who gets more by his shop , then they doe by the plough , should be as liable as themselves to this common burden ; and some beleeving that no tithes are due at all , will neither pay in kinde or money . some course must then be taken to inforce a payment , where payment is denied upon these pretentions : and there is no compulsive course without some contention . and then supposing that some course must be taken to inforce a payment , ( as i can see no hope how it will be avoided ) i would next know by whom this course must be pursued . if by the trustees for the county , they will be like to prove but ill solicitors in another mans business , as being to get nothing but their pains for their labour ; besides that , spending , as they must , on the common stock ( and men we know , are very apt to cut large thongs out of another mans leather ) the bill of charges for one suit , may possibly devour the fruits of the whole benefice . if by the minister himself , as it is most likely , we are but where we were before , and by avoiding one contention for tithes in kind , the minister must be ingaged in another for tithes in money , which comes all to one . for that such suits will follow on this alteration , i look on as a matter unavoidable ; considering especially , how infinitely the countrey-man , who aims at nothing in the change but his gain or profit , will finde himself deceived of his expectation , and consequently will be more stubborn and untractable when he seeth his errour . for that the change of tithes into annuall stipends , will not be so much unto his profit as he doth expect , & hath been intimated to him by some leading men , who have the hāmering of the plot , will be no hard matter to demonstrate . i know that nothing is pretended openly in the alteration , but that the occupant may have his tithes at a certain rent ; and not be troubled to expect till the parson comes to set out his dues . but i know too , that generally they have been fed with a secret hope , that if the parliament prevailed in the present war , they then should pay no tithes at all , but every man of what estate or trade soever , should be contributory to the charge of the ministers maintenance . iust so the prince of orange dealt with the boors of holland : assuring them , that if they prospered in the war against the king of spain ( which was then in hand ) they should pay no tithes unto their ministers ; and in the mean time that the tithes should be taken up towards the maintenance of the war for the common liberty . but when the war was brought to so fair an issue , that the boor thought to be exempted from the payment of tithes : answer was made , that they should pay none to the minister as they had done formerly , whereby their ministers in effect were become their masters , but that the tithes were so considerable a revenue , that the state could not possibly subsist without them ; that therefore they must be content to pay them to the states commissioners , as they had done hitherto , and that the state would take due care to maintain a ministery . by means whereof they doe not onely pay their tithes , as in former times : but seeing how short the publick allowance made their ministers , doth come of that which some are pleased to call a competency , they are constrained ( as it were ) out of common charity , if not compelled thereto by order , to contribute over and above , with the rest of the people , for the improvement and increase of the ministers pension . and so it was in scotland also , after the lords of new erection had ingrossed the tithes . i cannot say that there is any such designe as to annex the tithes to the crown , ( though if they be taken from the clergy they ought of common right to return again unto the crown , from whence they came . ) but i dare say the landholder will conceive himself as much defrauded of his expectation , as if there was : and when he findes , that in stead of paying no tithes at all , he is to pay a valuable consideration in money for them , will think himself so far from being beholding to the vndertakers of this project , that he will think the old way better , and more easie to him . his money he accompts his own , and parts as sadly from it as from so much of his bloud . the tithes he looks upon as another mans , which never were in his possession , or to be reckoned of as a part of himself ; and therefore lets them goe without grief and trouble . and i have marked it commonly amongst my neighbours ( who i beleeve are of the same temper with other occupants ) that the same men who took no thought for parting with their tithes in kinds , having compounded for them at a rate in money , invented more delays , & made more excuses to put the payment off for a week or two , and so from one day to another , then for the payment of their tithes in all their life time . so dear a thing is money to us country people , that he who shall perswade us to redeem a supposed inconvenience with a reall and a constant expence of treasure , will be counted but an evill counsellor . a visible evidence whereof we have now amongst us . for though the quartering of soldiers be the heaviest bondage that ever a free-born people did languish under , and such as men of means and quality would buy out upon any tearms : yet generally the country man had rather make himself a slave , and his wife a drudge , and let them spend upon his victuals , then part with mony to remove them to some other place . my inference hereupon is this ; either the valuation of each severall benefice will be true and reall to the worth , or not . if not , it may redound indeed to the ploughmans profit , but then it comes accompanied with a publick fraud , which i beleeve no christian state will be guilty of . and on the other side , if the rates be made according to the full worth of the benefice , it will be little to the profit of the husbandman ; who might have farmed his tithes as cheap of the parson or vicar ; besides the hearts-grief it will be unto many of them to part with ready money for a thing of convenience , without which they might live as happily as their fathers did . and if it be not to the profit of the ploughman this way , i am sure that in another way it will not be to his content , or his profit either . for taking it for granted , as i think i may , that i have hit on the designe which is now on foot , that is to say , that the yearly profits of each benefice in every county be brought into one common bank or treasury within the county , and then disposed of by trustees , according as they judge of the deserts of the person , and take into consideration his family-charge : it may so happen , ( and will doubtlesse ) that in a parish where the tax or sessement cometh to 400 l. per annum , the minister may not be allowed above an hundred . the residue will be wholly in mr treasurers power , either to feast it with his friends , or lay up for his children ; or at the best to settle it on such who relate unto him , or can make means and friends to enlarge their pensions , though such perhaps as were never seen nor heard of by the parish , whence the money comes . and if men think it , as it is , an ill peece of husbandry , to have the soil carried off their own land , and laid on anothers , to the impoverishing of their own , and enriching of his , i cannot see but that it will be thought a worse peece of husbandry , and prove of very ill digestion to most country stomacks ; to have the fat of their livings carried to another place , and given unto a man whom they never saw , and who is never like to feed their souls with the bread of life , or their bodies with the life of bread : their own poor minister mean while , from whom they have reason to expect it , being so discouraged and impoverished that he can doe neither . for whereas those who were possessed of the richer benefices , did use to keep good hospitality , to entertain their neighbours , and relieve their poor , and doe many other good offices amongst them as occasion served , both to the benefit and comfort of all sorts of parishioners ; it may so happen , and it will ( as before i said ) that the minister may be so ill befriended by mr treasurer , and the rest of the trustees for the county , that in stead of being either a benefit or a comfort to them , in the way proposed , he may prove a burden , & a charge . and though i doubt not but as great care will be taken , as can be desired in the choice of those who are to have the disposing of the publick monies : yet to suppose that men once settled in an office of such trust and power , may not be subject unto partialities and corrupt affections , were an imagination fitter for the lord chancelour verulams new atlantis , or sr thomas more his predecessors old vtopia , or a platonick common-wealth , then the besttempered government in the christian world . for my part , looking into the designe with the best eyes i have , and judging of it by the clearest light of understanding , which god hath given me , i am not able to discern but that the change of tithes into stipends ( in the way propounded ) will bring greater trouble to the clergy then is yet considered ; and far lesse profit to the countrey then is now pretended : which is the third and last of my propositions ; and is , i hope , sufficiently and fully proved , or at the least made probable , if not demonstrative . i have said nothing in this tract of the right of tithes , or on what motive or considerations of preceding claim , the kings of england did confer them upon the clergy : contenting my self at this time with the matter of fact , as namely , that they were settled on the church by the kings of this realm , before they granted out estates to the lords and gentry , and that the land thus charged with the payment of tithes , they passed from one man to another , untill it came unto the hands of the present occupant ; which cuts off all that claim or title which the misperswaded subject can pretend unto them . i know it cannot bee denied , but that notwithstanding the said grants and charters of those ancient kings , many of the great men of the realm , and some also of the inferiour gentry possessed of manours , before the lateran councell , r did either keep their tithes in their own hands , or make infeodations of them to religious houses , or give them to such priests or parishes , as they best affected . but after the decree of pope innocent the 3d , ( which you may find at large in sr edw : cokes comment upon magna charta , and other old statutes of this realm , in the chapter of tithes ) had been confirmed in that councel , ( anno 1215 ) and incorporated into the canons and conclusions of it , the payment of them to the minister or parochiall priest , came to be settled universally over all the kingdome : save that the templars , the hospitalers , and monkes of cisteaux held their ancient priviledges of being excepted for those lands which they held in occupancy from this generall rule . nor have i said any thing of impropriations ; partly , because i am perswaded that the lords and gentry , who have either votes or friends in parliament , will look well enough to the saving of their own stakes ; but principally , because coming from the same original grant from the king to the subjects , & by them settled upon monasteries and religious houses , they fell in the ruine of those houses to the crown again , ( as of due right the tithes should doe , if they be taken from the clergy ; ) and by the crown were alienated in due form of law , and came by many mean conveyances to the present owners . onely i shall desire that the lords and commons would take a speciall care of the churches patrimony , for fear lest that the prevalency of this evill humour which gapes so greedily after the clergies tithes , doe in the end devour theirs also . and it concerns them also in relation to their right of patronage , which if this plot goe on , will be utterly lost : and churches will no longer be presentative at the choice of the patron ; but either made elective at the will of the people , or else collated by the trustees of the severall counties ( succeeding as they doe in the power of bishops ) as now committee-men dispose of the preferments of the sequestred clergy . if either by their power and wisdome , or by the arguments and reasons which are here produced , the peoples eyes are opened to discern the truth , and that they be deceived no longer by this popular errour , it is all i am at : who have no other ends herein but onely to undeceive them in this point of tithes ; which hath been represented to them as a publick grievance conducing manifestly to the diminution of their gain and profit . if notwithstanding all this care for their information , they will run headlong in the ways of spoil and sacriledge , and shut their eyes against the light of the truth , shine it never so brightly : let them take heed they fall not into that infatuation which the scripture denounceth , that ▪ seeing they shall see , but shall not perceive ; and that the stealing of this coal from the altars of god , burn not down their houses . and so i shut up this discourse with the words of our saviour , saying , that no man tasteth new wine , but presently he saith , that the old is the better . finis . notes, typically marginal, from the original text notes for div a86306e-350 a as in the answer to those of hartford , kent , &c. b levit. 2. 3. & 7. 5. 7. c lev. 7. 33 , 34. d ib. v. 8. e lev. 27. 12 , 13. f tithegatherers no gospel-ministers . g locuples & dives in dominicum sine sacrificio venis , & partem sacrificii quod pauper obtulit sumis . cypde piet . & eleemos . h beda in histor eccles. l. 1. i anno 855. rex ethelwulfus , omnium praelatorum & principum suorum qui sub ipso variis provinciis totius anglia praeerant gratuito consensu , tunc primo cum decim●s terrarum & bonorum aliorum sive catallorum , universam dotavit ecclesiam per suum regium chirographum . ingulph . k decimavit de omni possessione sua in partem domini , & in universo regimine principatus sui sit constituit . ethelward . l aethelwulphus rex decimam totius regni sui partem , ab omni regali servitio & tribut● liberavit , & in sempiterno graphio in cruce christi , pro redemptione animae suae & praedecessorum suorum uni & trino deo immolavit . florent . wigorn . m totam terram suam propter amorem dei & redemptionem ad opes ecclesiarum decimavit . henr. huntingd. n qui augere voluerit nostrā donationem , augeat omnipotens deus dies ejus prosperos ; siquis verò mutare vel minuere praesumpsert , noscat se ad tribunal christi redditurū ration● , nisi prius satisfactione emendaverit . o vt imprimis de meo proprio reddant deo decimas ; & episcopi mei similiter faciant de suo proprio , & aldermanni mei & praepofiti mei . p as in the book called tithegatherers no gospel-officers . q as in the kentish petition and other projects of that kind . r ante concilium lateranense , bene poterant laici decimas sibi in feudum retinere , vel aliis quibuscunque ecclesiis dare . lindwood in provine . cap. de decimis . a letter to a gentleman of leicester-shire shewing, out of the publique writings which have passed betwixt his majestie and his two houses of parliament : that all the overtures which have beene made for peace and accommodation have proceeded from his majesty only and that the unsucessefulnesse of the late treatie is not to be imputed to his majesty but to them alone. heylyn, peter, 1600-1662. this text is an enriched version of the tcp digital transcription a43544 of text r30781 in the english short title catalog (wing h1725a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 77 kb of xml-encoded text transcribed from 17 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a43544 wing h1725a estc r30781 11470503 ocm 11470503 47813 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a43544) transcribed from: (early english books online ; image set 47813) images scanned from microfilm: (early english books, 1641-1700 ; 1463:31) a letter to a gentleman of leicester-shire shewing, out of the publique writings which have passed betwixt his majestie and his two houses of parliament : that all the overtures which have beene made for peace and accommodation have proceeded from his majesty only and that the unsucessefulnesse of the late treatie is not to be imputed to his majesty but to them alone. heylyn, peter, 1600-1662. 22, [2], 23 p. s.n.], [s.l. : mdcxlii [1643] reproduction of original in the harvard university library. eng great britain -history -civil war, 1642-1649. a43544 r30781 (wing h1725a). civilwar no a letter to a gentleman of leicester-shire, shewing, out of the publique writings which have passed betwixt his majestie, and his two houses heylyn, peter 1643 13719 263 0 0 0 2 0 206 f the rate of 206 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2002-08 tcp assigned for keying and markup 2002-08 apex covantage keyed and coded from proquest page images 2002-09 olivia bottum sampled and proofread 2002-09 olivia bottum text and markup reviewed and edited 2002-10 pfs batch review (qc) and xml conversion a letter to a gentleman of leicester-shire , shewing , out of the publique writings which have passed betwixt his majestie , and his two houses of parliament : that , all the overtures , which have beene made for peace and accommodation have proceeded from his majesty onely . and , that the unsuccessefulnesse of the late treatie is not to be imputed to his majesty , but to them alone . printed in the yeere m. dc . xliii . a letter to a gentleman of leicestershire , shewing that all the overtures which have beene made for peace and accommodation , proceeded from his majeie onely ; and that the unsuccessefulnesse of the late treaty , is not to be imputed to his majestie , but to the two houses of parliament . sir , according unto your importuuate desires of being made acquainted with the passages and successe of the late treaty betwixt his majestie and his two houses of parliament , i did from time to time advertise you , as farre as i was able to discover the proceedings of it , both what was done , and what was like to be the issue . and because i found some strong impressions in you , that if the treaty came not to a fortunate end , and that some manifest were not published in his majesties name , to satisfie the subject in the carriage of it , the blame thereof was likely to be cast upon his majesty , as if he had no thoughts nor intents of peace : i sent you the collection of all the particular papers that passed between his majesty and the committee here at oxford , assoone as it came off the presse , wherein my care to give you satisfaction was so great & urgent , that i would not stay the comming of the common foot-post . but contrary to my expectation you write backe , that you are not satisfied with the sight thereof ; that you poore country gentlemen ( as you please to say ) are not so nimble-witted as to discover the result of those debates , or the conclusions issuing from those premises , except it be more plainly laid down before you ; all that the common sort of people will be little edified with this bare collection , unlesse some application of the point be brought home unto them . in which respects you have expressed a vehement desire to see somewhat published , agreeable to the cap●…cities of the good people in the countries , who may be otherwise 〈◊〉 with some false opinions of the aversenesse of the court from all peaceable counsailes , and by the subtle practices of malicious men , may be seduced to a beliefe , th●…t his maj●…stie on●…ly is in fault , wh●… the same treaty came to no better end . and thi●… , you say , the ordinary sort of people may be brought to give c●…dence to , as having a long time been perswaded by the emissaries of the adverse faction , that all the overtures which have beene made for a pacification , proceeded originally from the parliament ; that they have often pressed to obtaine this treaty , before his majestie could be induced to give eare unto it ; and th●…refore that in probability his majestie being found so difficult from time to time , in giving way unto the treaty , the unsuccessfulnesse thereof will be charged on him . the undeceiving of the people in these particulars you say would be good service to his majestie , and i thinke so too ; and therefore could have wished , and doe wish so still , you had exact●… 〈◊〉 accompt thereof from a better hand . but being you are 〈◊〉 to impose this taske upon me , and that you will not otherwise be satisfied then by my conformity to your commands ; i shall herein apply my selfe unto your desires , as having been trained up by you from my youth in the schoole of obedienc●… , and taught betimes , that for a man to dedicate and devote himselfe to his own humours and reservednesse , was but the sacrifice of ●…ooles . in the performance of which undertaking i shal say little of mine own , but onely lay together such materiall passages , as i have noted in the severall writings which have passed betwixt his majestie and his two houses of parliament , keeping my selfe ( as neare as possibly i can ) to the very language and expressions of those writings ; that my discou●…se may gaine more credit and authority both with you and others . 2. and first whereas you s●…y the emissaries or messengers of the adverse faction doe per●…wade the 〈◊〉 , that all the overtures which have beene made for a pacification , 〈◊〉 originally from the 〈◊〉 ; though nothing 〈◊〉 more true then that the subjects of this kingdome have beene so perswaded , yet nothing is more impudently false , then that which those malicious instruments of the publike ruine doe perswade them to . for after the first open breach was made betwixt his majestie and his two houses of parliament , upon occasion of his majesties comming to the house of commons on the fourth of jan. 1641. how studious was his majesty to make it up ? how many plaisters did he apply to salve that sore ? how many 〈◊〉 did he send to take off the offence which was raised about it ? not onely waving his proceedings in that way , out of a desire of giving satisfaction to all men in all matters that might seeme to have relation unto the priviledges of parliament , a and signifying that in his proceedings against the lord kimbolton and the five 〈◊〉 , he had never the least intention of violating the least priviledge of parliament , and that in case any doubt of breach of priviledges did remain , he would be willing to cleere that , and assert those by any reasonable way that his parliament should advise him to b : but offering wholly to desert any prosecution of the accused members of either house , and to grant as free and generall a pardon , for the full contentment of all his loving subjects , as by the approbation of both houses of parliament should bee thought convenient , for the better composing and setling of all feares and jealousies of what sort soever c . nay , he descended at the last to acknowledge ( upon the in●…ormation since given him ) an apparent breach of priviledge , and to pro●…esse withall , his readinesse to repair●… the same for the future , by any act that should be desired of his majestie d ; declaring plainly and ingeniously the reasons which induced him to go in person at that timé to the house of commons e . insomuch , that if the breach of priviledge had been greater then had ever before been offered to both or ●…ither of the houses ; his 〈◊〉 acknowledgement and retractation hath bin greater also , ( as his majesty very well observeth ) then ever king gave unto his subjects f . yet all this condescension of his majesti , in the acknowledging of his mistake , ( though in a matter of forme onely ) and offering to repaire the same in such a way as the house should prescribe unto him , was so farre from satisfying , that his proceeding in that bu●…nesse , hath beene and is still charged upon him for so great a crime , as if he had thereby forfeited all duty , credit , and allegiance , which was due to him from his people g . 3. more then this yet . his maj●…sty perceiving that this infortunate breach produced many other dangerous inconveniences , besides debates and disputations concerning priviledges ; and that whilest so much time was taken up in those debates and disputations , many distractions did arise , which could not but occasion a generall mischiefe to the whole governement of this his realme : resolved , as one most chief●…ly interessed , so by many reasons most obliged , to doe what in him lay for preventing of it h . and he might justly have expected ( as most proper for the dutie of subjects ) that propositions for the remedie of those evils ought rather to c●…me to him , then from him : yet such was bis fatherly care of all his people , that he chose rather to lay by particular respects of his own dignity , then that any time shouldbe lost in a matter of so great importance . in which respect his majesty thought fit to propound unto them , that they would fall with all speed into a serious consideration , of all those particulars which they should hold necessary , as well for the upholding and maintaining of his majysties just and legall authority , and for the setling of his revenue , as for the present and future establishing of their priviledges , the free and quiet enjoying of their estates and fortunes , the liberty of their persons , the security of the true religion now professed in the church of england , and the setling of ceremonies in such a manner as may take away al just offence : wherein his majesty professed his maj●…sty to equall and exceede the greatest examples of the most indulgent princes in their acts of grace and favour unto their people k . nor was this for a fit or a moment onely ; but constantly pursued and pressed in severall messages , answers , declarations , as the most certain meanes of setling the distractions of this wretched kingdome , as viz. in his majesties answer to the two houses concerning the militia . feb. 28. 1641. his majesties speech to the committee , march . 9. 1641. his majesties message to both houses sent from huntingdon , mar. 15. 1641. his majesties answer to the petition of both houses . march . 26. 1642. his answer to the inhabitants of yorkeshire april 7. 1641 and in his answer to the declaration of both houses may 4. 1642. not to descend to more particulars . and to say truth , we need not looke on more particulars fo●… this point and purpose ; his majestie pressing it so often ( though still in vaine ) that at the last it was declared by both houses ( though at the first they did returne most humble thankes unto his majestie for that gracious message ; ) that as often as the message of the 20 of jan. had beene pressed upon them , so often had their priviledges beene clearely infringed in that away and method of proceeding was proscribed unto them m . which said , it was high time 〈◊〉 for his sacred majestie to desist from pressing those faire overtures for accommodation , which he before had made unto them , for feare lest out of a d●…sire of giving satisfaction for one breach of priviledges , he might unknowingly infringe so many of them , and that in so unpardonable a degree as could admit no satisfaction , how much soever hee did desire to give it . you see then that the overtures for a pacification came not originally from the parliament ; nay you see the contrary . those overtures proceeded from his majestie , and from him alone ; and were no 〈◊〉 made to the two hous●…s of paliament , then rejected by them . 4. the second thing suggested to the poore ignorant people is , that when his majestie was in armes , his houses often prest for a treaty before they could obtaine it . when indeed ( without mentioning how they leavied forces first , and so made his majestie onely defensive ) either their strength was so great , or their indisposition to peace so prevalent with them , that when his majesty first offered a treaty , it produced him onely such an answer as might expose him to scorne and pity ; witnesse his majesties gracious message sent from nottingham ( where first his standard was advanced ) aug. 25. 1642. in which his majesty desired , that some fit persons might be by them inabled to treat with the like number authorized by them , in such a manner a●…d with such freedome of debate , as might best tend to the peace of the kingdome , together with his promise to remove all possible scruples which might hinder the treaty , so much desired by his majestie in taking down his standard , & calling in such proclamations & declarations 〈◊〉 were excepted against by the said two houses , on the same day which they should nominate and appoint for the revoking of their declarations , in which his majesties faithful servants were 〈◊〉 traitors for adhering to him n . and though his majestie expressed in his said message , as by the sequel is since manifested , that nothing but his christian and pious care to prevent the effusion of bloud had begot that motion , his provision of men , arms , and money , being such as might secure him from their violence , till it pleased god to open the eies of his people o . yet so averse were they from consenting to it , so inconsiderable did they thinke his majesty , and themselves so formidable that no treatie was to be obtained unlesse he would denude himself of all force raised to defend his person from a visible strength marching against him in the field , admit those persons to be traitors to him , who had appeared in his defence p , and put himself wholly into their power who by their former practices had declared sufficiently their good affections to , and intentions towards him ; his majesties comming back unto his parliament without his forces , and his presence there in that his great councell , being avowed to be the onely means of any treatie betwixt his majestie and them , with hope of successeq . never did prince descend so low as to desire and presse a treatie with his owne subjects ; never did subjects so reject the pious motions , and christian condescensions of a gracious prince . at last about the end of sept. when his majesty was at shrewsburie , and the earle of essex the generall of the forces levied against his majestie at worcester , a counsellour of his majesty was advertised by letter from the said earle there was a message to be delivered his majesty from his parliament : which his majesty by him answered he was ready to heare , so it were brought by any person that he had not declared a traitor ; his majesty having then declared few or none but the earle of essex , and such as were in armes under his command against him . but after this answer ( surely sufficiently gracious ) so little true affection had they to peace , that that message was stifled , and untill his majesty had given their supposed invincible army that great defeat at edgehill , and taken 〈◊〉 which they went to relieve , and advanc'd with his army towards london as farre as reading , he never understood his two houses intended to 〈◊〉 to him . there he understood his castle of wind or , where he meant to lodge , his own pallace , was 〈◊〉 against him : yet neither his own good and prosperous successes , nor the injuries done unto him , made him refuse the intended message from his two houses of parliament . but he gave his safe conduct for their committee , who met him at 〈◊〉 , and presented him a petition . 5. that a committee from both houses might attend his majestie with some propositions for the removall of those bloudy distempers , and distractions , and setling the 〈◊〉 of the kingdom r . what answer made his majestie unto this proposall ? did he require them to lay down their 〈◊〉 , raised for destruction of his person , or to recall their declarations and remonstrances so full of bitternesse against his government ; or to repeal their many ordinances so evidently 〈◊〉 of the subjects liberties ; or to adjourn the parliament to some such place , which he should 〈◊〉 for his abode and habitation ? none of all these , nor any thing which looked that way , was required of them : his 〈◊〉 〈◊〉 unto their desires without limitations or conditions , as by his 〈◊〉 answer unto that petition , doth at full appear . his 〈◊〉 had promised at a time , when all his offers and desires were 〈◊〉 by them , that whensoever they desired a treaty of him , his majesty 〈◊〉 remembring bloud was to be spilt in this unnaturall quarrell , would very cheerfully imbrace it s : and he resolved that no felicity , no change of fortune , should make him differ from himself , or change his purposes . and though that proposition for a treaty came to no effect , and probably was never really intended by them , as to moderate men might appear by the earl of essex his marching from london with many ordnance towards his majestie , the same day the committee of the houses were attending him , whereby his majesty was to have him before him with the body of their 〈◊〉 , others at acton on the one hand , and others at 〈◊〉 on the other hand ; and as if this were not enough that they were before him , and of each side , his own pallace windsor castle was kept in the back of him by captain ven of london , & thus if his 〈◊〉 had not advanced to brainceford , whereby he got 〈◊〉 : 〈◊〉 , a place to fight on , he had been pinned in at 〈◊〉 ' in a 〈◊〉 country , where he could have made no use of his horse , and so 〈◊〉 probably come to have treated concerning his owne liberty or retreat , and not the peace of his 〈◊〉 ; for which he hath all this while as well as for his owne right fought : so then 〈◊〉 al the progresse of this businesse , fro the first taking up arms , until the settling of the armies in their 〈◊〉 quarters ; the offers of a treaty have bin alwaies on his 〈◊〉 side , and the refusall on the parliaments : save that sent unto him at colebrook . and when that treaty was renewed , it was not done by them , nor on their 〈◊〉 , but meerly on the motion of his sacred majesty , after he had long time , and in vain expected , they would apply themselves unto him for an 〈◊〉 ; nor broken off , when it was set on foot againe , either by the 〈◊〉 of his majesties demands : or his unwillingnesse to yeild unto them in such points as could be reasonably desired for the good of his subjects , but onely by the practise and perversnesse of some guilty persons of that side , who have no hope to scape the hand of publike justice , but by involving the whole kingdom in a generall ruine . which point if it be proved ( as i doubt not of it ) i hope the people will permit themselves to be disabused , and not impute the blame of these distempers to 〈◊〉 sacred maiesty , who hath so graciously vouchsafed to try all fair meanes which might conduce unto the cure of a troubled state . 6. for proofe of this , i would first have you cast your eye on that space of time , which was between his maiesties retreat from brainceford , and the coming of their first committee to the court at oxford ; being from the 13. of november to the first of february , no lesse then eleven weeks , and somewhat upwards . in 〈◊〉 which time they could not spare themselves so much 〈◊〉 , 〈◊〉 to send a single message to his majestie by 〈◊〉 one of their owne members , but entertained themselves in studying new 〈◊〉 & devises to raise monies , or in undoing those who did not willingly submit to their impositions : and when 〈◊〉 〈◊〉 the city of london to be so generaly disposed to more moderate counsells , that unlesse some propositions were prepared to be presented to 〈◊〉 majestie , they were in danger of loosing all that power and 〈◊〉 which they had amongst them ; they were resolved to stand upon such termes with their lord and soveraign , that if they could obtain them , would confirme their power , or if 〈◊〉 , 〈◊〉 yet preserve the belief of the poor simple people , 〈◊〉 they endeavoured peace . so that at last , upon these hopes and considerations , some propositions are presented to his majestie by the earl of northumberland , the earl of northumberland , and others appointed by both houses to attend that service ; in number fewer , in substance very little different from those nineteen , which they had sent unto his majestie when he was at york . and what were they presented for ? to be considered of between the parties in such a manner , and with such freedom of debate , as might best tend to the establishment of a generall peace throughout the kingdom , according to his majesties desire and purpose formerly expressed ? not so , they were too stout to descend so low , but that his majesty would graciously accept and grant those their desires and ●…ons ; which 〈◊〉 and performed , 〈◊〉 would then endeavour that his majestie and all his people might enjoy the 〈◊〉 of peace , truth , and justice a . here was no motion for a treaty , nothing at all which looked that way , but onely a commending to him of their own desires , which could not be denyed but with the certain losse of truth , peace , and justice : and those too 〈◊〉 in with a preamble , so full of 〈◊〉 charges , bitter invectives and reproaches against his majestie , that if his 〈◊〉 had not given up all the faculties of his soul to an earnest endeavour of peace and reconciliation with his people b , it might have utterly discouraged him frō 〈◊〉 further . and although 〈◊〉 〈◊〉 〈◊〉 propositions presented to him , were very 〈◊〉 from & 〈◊〉 to his just power and 〈◊〉 , and no 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sub●… , or due unto them by the laws 〈◊〉 〈◊〉 , 〈◊〉 so ●…sirous was his 〈◊〉 to 〈◊〉 all the miseries which this kingdom 〈◊〉 , by an 〈◊〉 peace , that he was 〈◊〉 a 〈◊〉 time and place should be agreed upon 〈◊〉 the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as his majestie and both houses 〈◊〉 appoint , 〈◊〉 for the discussing of the propositions recommended to him , as to debate upon some others , which his majestie thought fit , on his part , to propose to them c . which earnest and affectionate desire of his sacred majestie , as it begat the following treaty , which could 〈◊〉 〈◊〉 shame refused , when so 〈◊〉 offered : so it had bee●…e as che●…rfully entertained , and followed by them with as re●…ll and religious purposes as it was propo●…ed , a speedy and a blessed peace had been accomplished d before this time . and it is worth your observation , that howsoever the propositions sent unto his maj●…sty , were such as are before described , to have no being or foundation in the laws established ; and more then so , to be d●…rogatory and destructive of a regall power : yet of a goodnesse so singular was his sacred majesty , as to put his own known legall and undoubted rights into the self same balance with them , to be debated , and discussed and concluded on with their ●…xorbitant demands . 7. this gracious offer of his majesties being made known unto the houses within three dayes after , could not be honoured with an answer till the last of february . in all which time they had advanced no further then to yield to this , that there should be a treaty to begin on the fourth of march , but to continue for no longer time then for 20 dayes : in which treaty so much of his majesties proposition as concerneth the magazines , forts , and ships , and the proposition of both houses for the disbanding of the armies , should be first treated of , and concluded on , before they did proce●…d to treat upon any of the other propositions e . where you may note , first to how short a time they restrained his majesty , allowing but 20 dayes in all from the beginning of the treaty , for the discussing and debate of 20 generall propositions ( that is to sa●… , six of his 〈◊〉 majesties , and 14 of their own ) many of which were subdivided into many branches and particulars : & secondly , that though they had seized on all his majesties revenues , under pretence to see it husbanded , and expended for the publick good , yet they had so converted it to their own private uses , that that part of the proposition must not come in question ( though afterwards on further councell and advice , they gave way unto it . ) well then , this being thus resolved on , after some messages to and fro , touching the qu●…lity of the cessation , so much ( but 〈◊〉 in vain ) desi●…ed by his sacred majestie , at last , though long first , not till the 21. of march , came their committee to the court : and then too with a commission so limited , and circumscribed by private and particular instructions , that they had not power so much as to explicate the termes , or agree in the wording of expressions f , without dispatching a fresh post to consult the oracle . and here you might take notice also , that though his majesty desired that a cessation might bee granted during the treaty , and free trade over all the kingdom during the cessation g , & that al matters touching the cessation might b●… setled here by their committee h , yet none of these could be obtained ; the two last being absolutely denied & the first clogged with such conditions , as made it utterly unusefull to his majesty , and his loyall ●…ubjects . but being this businesse of the cessation , was onely moved by his majesty in order to the propositions , as a preparation expedient to advance the treaty , and was no part of the ●…ubstance 〈◊〉 〈◊〉 ; i shall passe it by , observing only by the way , that thoug●… his 〈◊〉 de●…lared , that he desired the cessation more for the ease and liberty of his subjects , then for his owne dignity and 〈◊〉 i , and was content that the desired freedome of comm●…rce , should be restrained in matters which concerned him●…elf , the officers and souldiers of his army ; yet it would not be . for after no small time spent in disputes about it , betwixt his majestje and the committee , and that his majesty had so fully answered the reasons of th●… lords and commons , which moved them not to agree unto the articles of cessation offered by his majesty l , that they were able to make no reply at al unto it : immediatly , on the receipt thereof , they sent down present order unto their committee , not to cons●…me any more of the time allowed for the treaty , in any further debates upon the cessation m . 8. next for the propositions which were treated on , i would have you know , that when the committee first came to oxford , they had no power to enter into any treaty concerning the other propositions , before the articles of the cessation agreed on by the lords and commons were assented to n . which seemes to be a pretty riddle , that first the articles of the cessation must be yeilded to , before their propositions were to come in treaty : yet w●…en ●…hey found themselves put to it by his ●…ajesties answer , the 〈◊〉 〈◊〉 the cessation must be laid aside , that so 〈◊〉 time might be allowed fo●… the propositions . but to go on , his ma●… being willing to treat however ( even without a cessation ) u●…on the propositions made of each side , and in that order which 〈◊〉 had agreed upon , with much ado , and after severall 〈◊〉 , obtained ●…o much of the two hou●…es , that their com●… here might be inabled to that effect o . which being obtained for the two first propositions , and no further , although his maj●…stie could not without a notable disadvantage disband his army raised with so much difficulty , on the meer gaining of his revenue , forts , ships , and magazines , ( which with his coming to the parliament , was the substance of the two first proposition ) considering how easie it was for them to repossesse themselves of the same again , when they saw occasion : yet he resolved to proceed . and knowing that the sight of those instructions which had been given to the committee would much facilitate the businesse , and bring it to some issue with farre lesse expence of time , then could be otherwise expected ; his majestie desired to have a copie of them , or at the least a sight thereof , but could be gratified in neither : answer being made , that they were enjoyned not to discover or shew their instructions , or to give any copy of them ; which they forbore to do till they had given 〈◊〉 〈◊〉 the whole substance thereof in their severall papers ) p yet on the other side , when the committee moved his 〈◊〉 to give them leave to repair unto him for further satisfaction upon any doubts which should arise amongst them , in any of those pa●…rs which they either had , or should receive from his mai●…stie , b●…fore such time as th●…y transmitted them to both houses of 〈◊〉 : his 〈◊〉 most graciously condiscended to it at the first 〈◊〉 q . which shews in my opinion , a remarkable 〈◊〉 〈◊〉 〈◊〉 the 〈◊〉 of his majesties purposes , and the 〈◊〉 〈◊〉 of the others in their dealing with him . 9. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the branches of the propositions , as they 〈◊〉 in 〈◊〉 ; 〈◊〉 〈◊〉 we meet with , doth concern his majesties 〈◊〉 : of 〈◊〉 , although they had so totally deprived his 〈◊〉 ( even to the 〈◊〉 away of money out of his exch●…quer , and the 〈◊〉 r 〈◊〉 that 〈◊〉 had not wherewith to subsist in the cond●…on of a private gen●…leman ; yet they had confidence enough 〈◊〉 tell him , that they had received a very small proportion of it , which for the most part was imployed in the maintenance of his majesties children s . but the next thing worthy of yo●…r observation , is with what readinesse and facility his 〈◊〉 was content to rest upon the promise of these his majesti●…s two houses of parliament , to satisfie him for those summes which remained due t : as also for leaving the same unto his mai●…stie for the time to come , in the same way wherein it was before the beginning of these troubles u ; considering the power they claim of making and revoking ordinances , as they see occasion , and with what specious shadows of 〈◊〉 they may impose so●…e new restraints and interruptions on the same , as often as they have a minde to create new jealousies . and you may please to know withall , that this refunding of such summes as they had received out of his maj●…sties 〈◊〉 , came not without a clogge upon it : it being to be done but upon condition ( for ought the committee a had to say unto the contrary ) that his maiestie would restore what had been taken for his own use , upon any of the bills assigned to other purposes by act of parliament , or out of the provision made for the war in ireland b . it 's true , somewhat he received for his own houshold out of the customes , for the maintenance of this and robes , above 12. moneths since , and they know a great part of this came out of his own customes of inheritance : and that to his fathers houshold ( even by act of parliament ) much thereof was assigned , so with the knowledge of this parliament continued to him . but herein ( as in other things ) they shewed a notable piece of cunning , to abuse the people , in making them beleeve that the many sums of money levied on the subject , for the necessary service of this kingdom , or the war in ireland , had been converted by his majestie to his proper use . whereas they knew exceeding well , his maiestie had received very little , or indeed nothing in that way c ; ( the monies levied on those acts being paid , and to be paid , to treasurers of their own appointing ) : and could not but as well remember , that they had seized upon 100000 l. at once of those publike monies , which had been●… paid by the adventurers for the war of ireland , and by the act of parliament was not to be imployed in any other purpose whatsoever , then the reducing of those r●…bels , to be expended in a most unnaturall warre against his maiestie d . and yet such was his sacred majesties desire , to give all possible contentment to his said two houses , that he declared his willingnesse to restore all monies which had been taken by his maiestie , or by authority from him , on any bills assigned unto other purposes e ; without requiring or expecting the like from them . so that the first point ( that of the revenue ) was soon agreed betwixt his mai●…stie and the committee ; his maj●…stie being willing to connive at some things , and consent to any thing ( within the verge of their demands ) which might conduce to bring it to speedy issue . 10. touching the m●…gazines , forts , and ships , there are some things to be observed , wh●…ch do relate to ●…ll in common ; and some which are to be considered with reference to each branch in severall . offer was made by the committee , that all the armes and ammunition which h●…d b●…ene taken our of his majesties magazines , and was remaining in the ha●…ds of both house●… of parliament , should be delivered into his majesti●…s stores ; that which was wanting of the same , to be supply●…d in kinde in convenient time f to this his majestie vouchsafed a gracious & free consent , desired not the performance of it , untill the treaty was concluded and agreed upon g ; declared the place of store to which his armes and ammunition sho●…ld be 〈◊〉 , to be no other then the usuall place , even the tower of london h ; and promised to restore all armes and ammunition which had beene taken for his majesti●…s use ( his own at that time being taken from him ) from any of the counties , towns , or cities , in this his realme , expecting onely ( but not conditioning with them , as they did with him ) that they should do the like for all the armes and ammunition which had been tak●…n for the use of their armies , under the command of the earl of essex i . hitherto all things were agreed on , and with much facility . the difference was , that they desired the publike magazines might be committed to such persons of his majesties naming , as the two houses should confide in k : which is no more nor lesse , then to keep them still in their owne power , at their owne disposing ; or at the best to shift it out of one hand into another . for we know well enough , that their confiding men are such as are resolved on all occ●…sions , to serve their turns against his maj●…stie , or else to be discharged without ●…urther confidence . and this they did so pertinacio●…sly adhere unto , that though his majestie declared that the said magazines should be committed to , and continued in the cus●…ody of the sworne officers ( some of the which had beene by them commended to his ●…acred majestie ) unto who●…e pl●…ce it b●…long'd l , and who had patents of those places m . which his 〈◊〉 in law and iustice could not take away : and that if any of those officers had committed , or should commit any misd●…meanour , to make them unworthy of that trust , his majesty would by no means d●…fend th●…m from the iustic●… of law n : yet that would not satisfie . they must have all committed to such hands as they might confide in : and were so farre from guiding their aff●…ctions by law and iustice , and so much discontented with his ●…ajesties answer , that they would neither offer any ●…xceptions against the persons now in office , nor render any reasons of their dislike , although his majesty seemed twice to require it of them o . 11. so also for the other branch touching the forts , port-townes , and garrisons , it was agreed on ea●…ly on both sides , that all the fortifications which had been raised since the beginning of these troubles should be sleighted , and all the ●…arrisons which had been newly placed in any of his maj●…sties townes , f●…rts , and castles , should be removed , and the said castl●…s , townes , and forts , reduced into such condition , as the●… were in an. 1636. but in this point the difference was wider then in that before : for here the houses did not onely require of his ●…acred maj●…stie to put the 〈◊〉 , forts , and towns , into such hands as they might 〈◊〉 in , and that the keeping of the cinque-ports , and all the members of the same , should be disposed of also in the same manner : but that the 〈◊〉 of the cinque-ports , and all gov●…rnours and command●…rs of towns . castles , and forts should so k●…p t●… sa●… , as not to admit into any of them any forreigne forc●…s , or any oth●…r forces raised without his maiesties authority , and consent of the two hou●…es of parliament , but to use their utmost endeavours to suppr●…sse all forces whatsoever , raised without such authority and consent , and to seize all arms and ammunition w●…ich are provided for such forces p . and they have yet a further demand , wherein they crave , that none of the new garrisons shall be renewed , nor their fortifications repaired , without consent of his maiestie , and both houses of parliament q . 12. such being their demands , we must next see the reasonablenesse and justice of his majesties answers , that all good people may perceive how little reason the two houses had to remain unsatisfied , had they intended nothing but the good of the subiects , and the preservation of the laws , to which they seeme in all their actions and proceedings to be so zealously affected . onely i shall desire you to take notice , first , with what a royall cleernesse his majestie proceeded in all this businesse , in that ( considering the great and manifold extremities he had beene brought unto by this rebellion ) he was so readily content to remove all garrisons , to sleight all works and fortifications raised for his defence r , and totally to cast himself into the armes of his subjects , many of which have sh●…wn themselves so easie to be wrought upon by treasonable and seditious councells , this said , you may observe his majesties answer to the point of confidence , to be like that before in the other branch , viz. that he would put his towns , forts , and castles , both now and for the time to come , into the hands of such persons , against whom no just exception can be made , and would remove them also at what time soever any iust cause or reason should be given for it s . and for the cinque-ports and the members of it ; that they were already in the custody of a noble person , who had so legall an interest therein , that his maiestie in iustice could not put him out from it ; till some suffici●…nt cause be made to appear unto him ; which whensoever it appeared , his maiestie was willing they should proceed against him according to the rules of justice t . now as his majestie builds this part of his answer upon the common principles of justice , which would have no man punished but for some offence , nor dispossessed of his estate but for some d●…liquency ; and the fi●…st part thereof , the nominating of commanders to his townes and forts on that legall right which was inherent in his majesty , and had beene formerly enioyed by all his royall progenitors u : so doth he build his answer to their other demands , on the lawes and statutes of the kingdom . for he declar●…th his consent , that the governours and commanders of his townes , forts , and castles , should not admit into any of them any forreigne forces , or other forces , which were either raised within the realme , or brought into it contrary to the lawes established , but should use their utmost endeavour to suppresse all such forces , and seize all armes and ammunition , which by the lawes & statutes of the kingdom they ought to seize a . and to the last demand , that ●…o new garison shall be renewed , nor their fortifications repaired , otherwise then by the lawes and statutes of the kingdome they ought to be b . 13. before i passe to any observations upon this answer , or rather on the exceptions of the two houses of parliament against the same , i shall proc●…ed on to the other branch , that about the ships ; the answer and exceptions being much the same . it was propounded or resolved rather by the houses , that the ships should be delivered into the hands of such a noble person , as his maiestie should nominate to be lord high admirall of england , and the two houses of parliament confide in , who was to have his office by letters patents , quam diu se bene gesserit ; and to have power to nominate and appoint all inferiour officers , which ships he shall employ for the defence of the kingdome , against all forreigne forces whatsoever , and for the safe guard of merchants , the securing of trade , the guarding of ireland , and the intercepting of supplies to be carried to the rebells , and shall use his utmost endeavours to suppresse all forces which shall be raised by any person without your maiesties authority , and consent of the lords and commons in parliament , and shall seize all armes and ammunition provided for supply of any such forces c . where note , as in the branch before , how cunningly they change the term●…s of the proposition . his majestie expounded that his revenue , magazines , townes , forts , and ships , which have beene taken on kept from him by force , might bee forthwith restored unto him d . they return answer , that the said 〈◊〉 , towns , and forts , shall be d●…livered up into the hands of such persons of q●…lity and trust , to be nominat●…d by his majestie e , and the 〈◊〉 cinque-ports into the hands of such a noble person , as his majesti should appoint to be warden of them ; and the said ships into the charge of such a nobl●… person as his maiestie shall no●…inate , to be lord high admirall f : all of 〈◊〉 to be such , and 〈◊〉 well-affected 〈◊〉 the cause , as the two houses of parliament may confide in them g . it seems the right and property of the said towns , forts castles , and ships , belongeth legally to the two houses of parliament , and that who ever doth receive the charge , or keeping of them , must take them from their hands immediately , as the proper owners ; his maj●…sty having no more right or interesse in any of them , then a power to nominate the party to be trusted with them , and that neither as they ●…logge and contrive the matter , whereof more anon . and this his 〈◊〉 observed when he made his answer to this part of the demand fore-going : requiring , that his own ships be forthwith d●…livered to him , as by the law they ought to be : delivered to him , as his proper goods ; by him to be disposed of as his own , to such men of quality , as he conceived most worthy of so great a trust . 14. in other matters of his answer , you may observe how cheerfully his maj●…stie doth comply with his two houses of parliament , in all particulars which they thought fitting and convenient to propose unto him , touching the place , the power , and duty of a lord high admirall . onely his ●…jesty desired , that that which was his own by law , and contrary to the law had been taken from him , should be fully restored unto him , without conditioning to impose any new limitations on his maiestie , or his ministers , which were not formerly required from them by law ; thinking it most unreasonable ( as indeed it was ) to be pressed to diminish his own rights himself , because others had violated and usurp●…d them h . and when this declaration of is majesty was quarrelled by the houses , as a c●…nsure vp●…n their proc●…edings i ; his majestie required , that since they did esteem those words of his [ that they had taken his ships from him contrary to law ] to be a censure on their actions , they would either produce that law by which they tooke them , or free themselves from so iust and unconfutable a censure , by a ●…peedy and unlimited restoration k . neither of which being done , or intended by them , his maiestie had reason to ad●…ere unto the answer made unto that particular , which was , that for the present h●… would governe the admiralty by commission , as in all times had been accustom●…d ; that when he pleased to nominate a lord high ad●…irall , it should be such a noble person against whom no iust exception should be made ; or if there wer●… , his maiest●…e would leave him to his due triall and ex●…mination : an , that he should imploy the ships to all intents and purposes ; by them desired ; and use his utmost ●…ndeavours to suppresse all forces which shall be raised by any person what●…oever , against the lawes and statutes of the kingdome , and to ●…eize all arms and ammunition provided for the supply of any such forces l . the difference in which last particulars stands thus between them ; the houses craved , that the lord admirall should use his utmost endeavour to suppresse all forces , which should bee raised without his mai●…sties authority , and the cons●…nt of the lords and commons in parliament : his maiest●…e 〈◊〉 that the lawes and stat●…tes of the kingdome , might 〈◊〉 〈◊〉 〈◊〉 〈◊〉 what is , and what is not to be don●… m , refers the ex●… sing of 〈◊〉 admirals power , to the suppr●…ssing of all forces which 〈◊〉 〈◊〉 raised by any person whatso●…ver , against the lawes and statutes of the kingdom . 15. and now i would faine know what is to be d●…ked in his ●…jesties answers , to these two last branche●… ; either his majesties insisting on his legall and undoubted rig●…s , in nominating men of ranke and qualiti●… , to those publi●…ke trust●… ; or his desire of making the lawes and statut of this realme , the rule & measure , by which inferiour officers must discharge their duties . i hope they will not say the first , and the last they dare ●…ot : and other points then these , i see none in difference , or if there be , they are reducible to these , and of 〈◊〉 moment . i hope they will not say the first , ●…or they are bound by their oaths of allegiance , obedience , and supremacy , and have bound themselves by their protestation ( a covenant of their own devising ) solemnly taken in the presence of almighty ●…od , that to the utmost of their powers , and with the haz●…rd of their lives and fortunes , they will defend his maiesties person , honour , and estate . and sure whatever zeale and duty they may pretend unto his per●…on , they shew but small rega●…d unto his honour , and not much more unto his estate , in seeking by force to devest hi●… majesty of those legall rights , which are inherent in his person , and have unquestionably been injoyed by all his royall predecessors in the times before . either they break their oaths , and prot●…station , and so are periured by it in the sight of god , in seeking to extort from his sacred majestie those native rights , and legall priviledges , which are invested in his person : or if they mean to keep the protestation , they must needs leave his majestie in as good condition , as they found him in . so that his maj●…stie doth in●…st on nothing in this particular of his answer , but his native rights , which they have bound themselves by their protestation to preserve and keepe . and it belong●…d to them in all right and reason , either to shew that he had no such right by law , as he did pretend to , or that themselves had by some fundamentall law , a right superiour unto that which was then in question n ; ( neither of which they can , or pretend to do ) or else to have been satisfied , and contented with his maj●…sties answer , against that , which they had no other reason to produce , but their f●…ars and iealousies o , which being without cause , are without care also . now as they will not say the first , so i dare presume they dare not say the last , and be offended with his mai●…sties answer , for no other reason , then that hee doth refer the duties of his principall officers , and such as are in authority under him , to be squared and regulated according to the laws and statutes of the kingdom . should they wave that , and plainly mani●…est their intents , and purposes of bringing in an arbitrary government , and make the votes of the two houses , the 〈◊〉 and measure by which the lo : high admirall of engl●…nd , the 〈◊〉 of the cinque-ports , the governours and commanders of his m●…sties castles , forts , and towns , must discharge their offices , how easie were it for them to subvert all law , and bring this wretched people unto such a thraldom , as greater was not suffered by the poor ath●…ians , under all their tyrants ? this i p●…esume they dare not say , though they may intend it , ( as all their proj●…ct , and proceedings seeme to looke that way ) for fear the people should fall off , and desert them utterly , and so deprive them of those hopes of 〈◊〉 , which they have nourished in themselves . 16. there is another part of soveraignty to be looked on yet , which is the binding of the subject by a solemn oath : and this for the establishment of their power and party , they labour to impose on the lord admirall of england , the warden of the cinque-ports , all commanders of ships , all governours of townsforts , and castles u . the ordinary oaths which all those officers were already by the laws obliged to take , were not held sufficient , to binde them fast enough unto the side ; and therfore they must have a new one of their own devising : and all the officers must be sworn , not onely to preserve the true reformed protestant religion , and the peace of the kingdom against forreign forces ; bu●… also against all other forces raised without the consent of the two houses of parliament , though by his majesties authori●…y a . his majesties authority it seems is of little value , when all the officers and commanders of his realm must be sworn against it : the officers and commanders in as ill condition , when by their places they are bound either to rebell against his majesty , if he make use of his authority , or to be perjured if they do not . and so intent they were upon this designe , that when his 〈◊〉 declared , that if it were made to appear unto him , that any thing was necessary to be added to the former oathes , he would most readily consent unto it in a full and peaceable convention of parliament b ; they took it for a great affront , as if his maiestie had ta●…ed them of some deficiencies , or reckoned them uncapable of making a previsionall law c , for the present turn . nor were they better satisfied with his majesties reply , then they had been with his answer , though he declared his willingnesse to apply any proper r●…medy unto the extraordinary causes of their fears and jealousies , if he could see there were such causes ; and further promised , that when ●…oth houses should prepare and present such an oath , as they should make appear unto his maiestie , to be necessary to the ends proposed , his maiesty would readily consent unto it d . his maje●… must either captivate his unde●…standing to their votes and ordinances , and follow their appointments with a blinde obedience , or ●…eild to all things at first sight which are offered to him : or else his answers are interpreted to be denials ( e ) ; and the poor people shall be told in the next new pamphlets , or the n●…xt eloquent oration at the common-c●…uncell , how little hopes there is of peace in the way of treaty ; and therefore that his majesty must bee forced by arms , and not gained by parley . 17. you may perceive by this discourse , that his maj●…stie demanded nothing in his first proposition , but what was legally his own , and denied nothing to his two houses of parliament , but a divesting of himselfe of that regall power , by which he is inabled to protect his subjects . so that the breach was theirs , not his , in that they craved such things ( and would not otherwise be satisfied ) as were neither fit for them to ask , if they desired to continue in the ranke of subjects , nor possible for him to grant , if he resolved to live a soveraign . let us next ●…ee what , & how much was done , in the first propositions of the lords and commons for the disbanding of the armies , and his majesties returne unto his parliament . in which you may observe , that though there are two severall branches , neither of them depending on the other ; yet the committee had no power to treat upon the latter branch ( f ) , ( that of his majesties coming to the parliament ) but were confined by their instructions to the former onely . so that his majesty in all manner of iustice , might have delayed or denied to begin to treat upon one part , untill they had been inabled to treat on the other ( g ) . for what could his most sacred majesty have effected in the way to peace , by the disbanding of armies , in case his coming to the parliament had still continued unsecure ; and that promiscuous rabble of unruly people , which then awed the houses , and formerly had compelled his majesty , tog●…ther with the greatest , and most moderate part of the lords , and commons to withdraw themselves to places of most a●…d safety , had been as able to affront and terrifie them , as before they were . assuredly by such improvident a disbanding his majesty had beene more exposed to contempt and scorne , reduced himselfe to the condition hee was in at windsor , jan. 1641. and the distractions of the kingdome had been more uncurable , then they are at present . yet his desire of peace , and consequently his proceeding in the treaty as in order to it , was so prevalent with him h ; that he resolved to overcome all difficulties whatsoever ; which were laid before him of set purpose , either to make him stumble in the way , or discourage him fro●… going forwards . 18. being thus resolved . his majesty returned this answer to the first part of their proposition , that he was as ready , and as willing that all armies should be disbanded as any person whatsoever i ; and that he would so doe for his part , as soon as the present treaty came to such a conclusion , as there might be a cleare evidence to himselfe and his good subjects of a future peace , and no ground left for the continuance or growth of these bloody dissentions , for the time to come k . and though this answer could not but be satisfactory to indifferent men , yet being required by the committee to signify what his majesty intended to be a cleare evidence to himselfe and his subjects of a future peace l , he explained it thus , that he intended onely such a conclusion of that pr●…sent treaty on his majesties first proposition , and the proposition of both houses , that the law of the land might have a full , free , and uninterrupted course , for the defence and preservation of the rights both of his majesty , his good subjects , and the two houses of parliament m . which answer being so farre from satisfying , that it was conceived by both houses to be in effect a deniall n , and his most sacred majesty perceiving with how much losse of time he treated at so great a distance ; he thought it best , and did accordingly vouchsafe to send a gracious message to them by one of his owne servants , april 12. 1643. the substance of which mass●…ge ( for so much as concernes this point ) was this which followeth , viz. that as soone as his majesty was satis●…d in his first proposition , concerning his owne revenue , mag●…nes , ships , and forts ; in which he desired nothing , but that the just , legall , and knowne rights of his majesty and of the persons trusted by him be restored unto them ; as soone as the members of both houses should be restored unto the same capacity of sitting and voting in parliament , as they had upon the first of jan. 1641. ( exclusively of such whose votes had beene taken away by bilt , or by new elections on new writs ) and that as soone as his majesty and both houses may be secured from such tumultuous assemblies , as to the high dishonour of the parliament had awed the members of the same ( which he conceived could not otherwise be done , but by adjourning the parliament , to some place 20 miles from london , such as the houses should agree on ) his majesty most cheereful●…y and readily would consent to the 〈◊〉 of the armies , and would returne speedily to his two houses of parliament , according to the time and place which they should agree on o . to which his majesties most gracious message the houses were not pleased to send any other answer , then the calling backe of their 〈◊〉 , the next day after , and the dissolving of the treaty , which ended april 15. being the day by them determined . 19. i hope you see by this time who must beare the blame of all the miseries , which are expected to ensue in this wretched kingdome : and yet i have some other evidences to evince it surther . two onely meanes were left ( as wise men conceived ) to put an end unto our troubles ; a longer continuance of the treaty , and his majesties returne to his two houses of parliament : both which his majesty most earnestly desired , but could speed in neither . first , for the treaty , his majesty proposed it at the first , without any limitation of the time at all ; desiring to avoid both that , and all other limitations whatsoever , as being like to give great interruptions to the businesse p . but on the contrary , the houses first restrained the whole treaty unto 20 dayes , as before was shewne ; & afterwards so minced the matter , being resolved to treat upon no more then the two first propositions of either part , and that of the cessation , that they would hardly allow more time then what would serve for the transcribing of the papers . it seemes the time appointed for the treaty , was a●… the first restrained as to the point of the cessation , unto two da●…es onely q , ( a time too strictly limmited for so great a businesse ) the whole to be determined on the fourth of april r . after a further time was given to treat upon the two first propositions viz. the first proposition of his majesty , and the first of both houses , til the friday following s , being the seventh of the same moneth . upon the eight of april we find seven dayes more , and that affirmed to be the full remainder of the time for the whole treaty t . and when his majesty desired , that the treaty might proceed without further interruption or limitation of d●…yes u ; answer was made ap●…il 10. that the two 〈◊〉 of parliament did not think fit to inlarge the time of the treaty beyond the 20 dayes formerly limited , to be reckoned from the 25 of march then past , which could admit of no alteration or inlargement without manifold prejudice and danger to the whole kingdome a ; to the great sorrow of his majesty , as he expressed himselfe to their committee , the day before they went away , being april 14 . b nay in such hast the houses were to dis●…olve the treaty that without conside●…ing of his answers to their demands and proposition , or shewing any reason of their dislike , or giving his majestie more time to bethinke himselfe of what was fitting to be done in such weighty businesses , they called backe their committee by a speciall order ; that part thereo●… which came from the house of commons being commanded to hasten their returne in most strict and unusuall termes c . 20. next for his majesties returne unto his parliament , you cannot choose but know , that when his majesty was forced to withdraw himselfe , and bent his journey towards the north , with what a vehement importunity he was petitioned d to returne : and that when their petitions could not bring him back to so unsafe a place , with what strange votes they declared that withdrawing of his majesty from his two houses of parliament , for a breach of priviledge e ; a cause of great danger a●…d distaction f , and of great hazzard to the kingdom g ; & that it would not only be an obstruction , but might be a destruction to the 〈◊〉 of ireland h . you cannot choose but call to mind also the artifices which they used to make the people of those s●…verall counties , through which he was to passe as he went towards yorke . to clamour after him with p●…titions , for his re●…urue towards his parliament : and how their party in and about that country in which his majesty made choyce to fix his 〈◊〉 , did labour and sollicit him to that purpose also . the copies of the said pe●… , with his majesties gracious answers to them being put 〈◊〉 print , and obvious to the eies of every reader i am sure you have seene , being so curious an observer o●… 〈◊〉 publicke passages . thus when his majesty desired a treaty , by his gracious message sent from 〈◊〉 , they answered him with an advice of leaving his forces and coming againe unto his parliament i ; as the onely expedient to ●…ake his majesty happy , and his kingdome safe : and when the aldermen and other citizens of london were sent to oxford to his majesty in behalfe of that city , the selfe same errand , ( his majesties returne unto his parliament ) is made the substance of the businesse k a man would thinke a point so eagetly pretended , and made in the addresse of both the houses to his majesty , feb. 1. 1642. to be of equall consideration to the peace of the kingdome , with that of the disbanding of both armies ; should not be so coldly followed when it came to the point and was most like to be 〈◊〉 , that if they would but have found meanes to have secured his majesties orderly and safe going thither , his majesty was ready to make his journey speedy ; desiring nothing more then to be with his two houses . his majesties most gracious message of the 12. of april , for his return to his two houses of parliam●…nt and the disbanding of the armies , you have seene before ; together with their entertainment of it , and their answer to it . all this while according to my method and promise , i have i hope , by laying downe the way of their addresses , the language even of their propositions . and his majesties answers , satisfied , and if need were convinc'd you , or any moderate or reasonable man ; that the indisposition to the peace , the occasion why it hath not beene all this while procured , hath beene the subtilty of those who are so prevalent in both houses , as first to cast this kingdome into a war to raise their 〈◊〉 common-wealth , and make themselves the supreame governours therein . and now when they finde the foundations of this well-tempered monarchy cannot by force be battered downe , by cunning it must be undermined ; for without any invective or asperity , give me leave ( to my former quotations ) to say but two or three words of my owne , and i have done . the two houses in the 〈◊〉 propositions propositions surely demanded of the king in so plaine language his soveraignty , nay the 〈◊〉 and power of his office , as all the world saw they left him but the name king . this was written in so great letters , that the meanest man that had a family to governe , could conclude . i would not be u●…ed thus : therefore this was too grosse to 〈◊〉 on . but the character must be made lesse , it must now upon the treaty o●…peace ( which they know all people wish and understand the beloved name of , though not the fit way to procure it , especially such a one as may be firme and 〈◊〉 ) be so ordered , that some of the principle heads therein ( such as like corner stones , being pulled out , pull downe the present power in the kinghood ) should be insisted on , but apparelled with the language of peace ; therefore towards peace in this treaty these things are insisted on . first the ships , townes , forts , 〈◊〉 , &c. must be onely in such persons hands as his majesty nominating they approve . what is this but to keepe all still in their owne hands ? for surely if you were to name a man for any place , and i approve him , i could weary and necessitate you to name such a one that depended on me , not you . then in these ships , townes , and forts , no forces to be admitted without his majesties authority , and consent of the two houses . what is this but to gaine the power of the 〈◊〉 of this kingdome out of the king into the two houses ? for both which you cannot but know , ( and his majesty often cals upon them for it ) they have not the least pretence of law . if this be said that it is desired but for three yeers ; that is sufficient argument : to shew it is a new thing they pretend to . 'pray , who thinkes that they who can doe all this without any right or president , after such a title to it , will not find jealousies enoug●… to continue their possession for ever ? for i thinke some intend to make this parliament perpetuall ; yet surely the subject generally can never be so sotted to wish it so : they gave themselves not up to this race of men for a perpetuall government , nor those them for their lives , or with a power to settle themselves for their lives : nor did they thinke so themselves when they askt a parliament every three yeeres , they should have pretended to one alwayes . but as the best reason to ans●…er this , why should the king ( to whom all making warre and peace belongs ; and if others had not invaded this right , we had beene still in peace ) divest himselfe of this power , since this power in this kingdome vvas never in any person single , or representative body of all the subjects , saving himselfe and predecessors ? what will this effect , but the continuance of the misery we now groan under ? for if the houses can now vvithout the kings authroty make this unnaturall warre betwixt subject and subject , and put those heavy loads on all fellow subjects that will not comply , as that their persons may be imprisoned , nay slaine ; their goods plundered , thei●… estates sequestred , nay , given away ; ( if more could be ) vvhat might vve not expect , when they had a pretence of interest and power in disposing the armes of this kingdome ? and doe they not use us as the king , say , they fight for him , when they ●…hoot to slay him ; say , it is for the good of the kingdome , when authority is given to plunder all mens estates they will call malignant ? and when neither country nor person that would be a neutrall , ( which i know not how they can answer in law to the king ) can be admitted by them by law , to shew why he is not bound to contribute to their assessements . i promised you , i would not say much of my owne : and you see that few articles are treated , therefore i vvill not exceed them : this onely i 'le tell you , that if these tvvo articles vvere granted as desired , i knovv not vvhy they might not ; nay , i feare they vvou'd presently force the king to the other 17. so little they had left in him to defend himselfe : for how could i that by law am now bound to attend him in his warres , stay with him when a new law said he could ●…eavy no force but with such a consent ? consider therefore his answer to the 19 propositions : his answers to these particulars in this treaty ; and see , whether he make not the rule of all his actions , law , and right ; they feares and jelousies ? by the one you may measure any thing , ( indeed the law is but the rule of our publike actions ) by the other no man can measure any thing ; for to measures feares and jealousies , is as hard a taske , as to take measure of the moon for a garment : which is ever waxing or declining , never in a certaine condition . i conclude therefore with this advice , remember the obedience to princes : god requires the strict allegiance our lawes enjoyne ; the oathes we have taken , or by nature are bound to observe to him . feare then god , and honour the king , and have not to doe with those that love change ; lest , as you may contribute to continue our miseries for a time , you make your owne everlasting . finis . notes, typically marginal, from the original text notes for div a43544e-200 a his 〈◊〉 〈◊〉 , 〈◊〉 . 12. 1641. b his majesties message , jan. 14. 1641. c his majesties answers , feb 2 1641. d his majesties answer feb. 28. 1641. e ibid. and his majesti●… ans. ●…o a ●…ook , &c. may 19 1642. f hi●… 〈◊〉 d●…claration , mar. 9. 1641. g his majesties ans. to a book , &c. may . 19. 1641. h his majesties mess●…ge . jan. 20. 1641. i ibid. k ibid. l hum●…le petition of the comm●…ns , ●…a 28. 1641. m the third r●…monstrance . pab . iii. n reply to the 〈◊〉 〈◊〉 the , sep. 2. 1642. o his 〈◊〉 〈◊〉 , aug. 25. 1642. p his majesties message , sept. 11. 1642. q answer to his 〈◊〉 〈◊〉 , sept. 26. r petition 〈◊〉 the two hou●… , nov. 〈 ◊〉 〈◊〉 . s his majesties message , sept. 11. 1642. a the humble 〈◊〉 and p●…opositions , 〈◊〉 . 1. 1642. b his majesties answer to those propositions . c ibid. p. 12. d ibid. p. 13. e the votes agreed on feb. ●…8 . 1642. f his maje●… 〈◊〉 to both houses april 8. 1643. g his maje●… answer to the propositions , f●…b . 1. 1642. h his majesties answer to the 〈◊〉 t●…uching the cessation . i his maje●… answer to the articl●…s of cessation . l 〈◊〉 a book called , the reasons of the lords & commons , &c. m 〈◊〉 the 〈◊〉 of the 〈◊〉 , pag. 35. n his majesties 〈◊〉 to the 〈◊〉 . o his 〈◊〉 〈◊〉 to the 〈◊〉 of cessation . p collection of ●…ll the papers , pag 1 , 2. q 〈◊〉 . p. 3. r ibid. p. 5. s ibid. p. 4. t ibid. p. 4. u ibid. p. 6. a ibid. p. 6. b ibid. p. 4. c ibid. p. 5. d his majesties message , aug. 13. and the answer to it . e collection of all the papers , p. 5. f ibid. p. 8. g ibid. p. 10. h ibid. p. 10. i ibid. p. 9. k ibid. p. 8. l ibid. p. 9. m ibid. p. 10. n ibid. p. 〈◊〉 o ibid. p. 11 , 12. p ibid. p. 13 , 14. q ibid. p. 14. r ibid p. 15 , 16. s ibid. p. 15. t ibid. p. 15. u ibid p. 17. a ibid. p. 15. b ibid. p. 1●… c ibid. p. 22 , 25. d his majejesties answ. to the prop●…s . febr. 1. e collection of ill the pap●…s , p. 13. f ibid. p. 22. g ibid. p. 13. 22. h ibid. p. 24 , 25. i ibid. p. 25. k ibid. p. 26 l ibidem . p. 〈◊〉 . m ibid●… p. ●…8 . n ibid. p. 20. o ibid. p. 20. u collection of all the papers , p 27. a ibid. p. 〈◊〉 b ibid. p. 27. c ibid. p. 〈◊〉 d pag. 28 , ●…9 e ibid. p. 18 , 25. f ibid. p. 30. g ibid. p. 38. h ibid. p. 38. i ibid. p. 29. k ibid. p. 31. l ibid. p. 32. m ibid. p. 34. n ibid. p. 39. o his majesties message april 12. 1643. p ibid p. 36. 37 q his 〈◊〉 ans●…er to the r●…asons . ap●… 4. r colection of the papers , p. 30. s ibid. p. 30. t ibid. p. 35. u ibid. p. 33. a ibid. p. 11. b ibid. p. 12. c ibid. p. 48. d petition of the lords and commons , 〈◊〉 26. 1642. june 17. &c. e declaration march 9. 1641. f petition at theobalds 〈◊〉 . 1. 1641. g 〈◊〉 resolved march 2. 1641. h t●…e votes of 〈◊〉 〈◊〉 , 〈◊〉 ●…6 . i answ. by his majesties last 〈◊〉 ; and that of sept. 16 1642. k petition of the major and aldermen , jan. 3. 1642. a sermon preached in the collegiate church of st. peter in westminster, on wednesday may 29th, 1661 being the anniversary of his majesties most joyful restitution to the crown of england / by peter heylyn ... heylyn, peter, 1600-1662. 1661 approx. 83 kb of xml-encoded text transcribed from 25 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a43551 wing h1734 estc r12653 13016933 ocm 13016933 96577 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a43551) transcribed from: (early english books online ; image set 96577) images scanned from microfilm: (early english books, 1641-1700 ; 741:40) a sermon preached in the collegiate church of st. peter in westminster, on wednesday may 29th, 1661 being the anniversary of his majesties most joyful restitution to the crown of england / by peter heylyn ... heylyn, peter, 1600-1662. [4], 44 p. printed by e.c. for a. seile, london : 1661. includes bibliographical references. reproduction of original in huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng charles -ii, -king of england, 1630-1685 -sermons. bible. -o.t. -psalms xxxi, 21 -sermons. sermons, english -17th century. 2002-08 tcp assigned for keying and markup 2002-10 aptara keyed and coded from proquest page images 2002-11 judith siefring sampled and proofread 2002-11 judith siefring text and markup reviewed and edited 2002-12 pfs batch review (qc) and xml conversion a sermon preached in the collegiate church of 〈◊〉 peter in westminster , on wednesday may 29 th . 1661. being the anniversary of his majesties most joyful restitution to the crown of england . by peter heylyn , d. d. chaplain in ordinary to his majesty , and one of the prebendaries of that church . 2 sam. 19. 14. and he bowed the heart of all the men of judah , even as the heart of one man ; so that they sent this word unto the king , return thou and all thy servants . august . de civit. dei. lib. 1. cap. 7. ●●squis non videt , caecus : quisquis videt nec laudat , ingratus : quisquis laudanti reluctatur , insanus est . london : ●●inted by e. c. for a. seile over against st. dunstans church in fleetstreet . m.dc.lxi . to the reader . this sermon gods not to the press for want of hearers , for seldom hath been seen a more numerous auditory then was assembled in this church at the preaching of it . nor doth it go into the world to seek for readers ; who should not be sollicited to the losse both of time and patience , if nothing more than ordinary did present it to them , and perhaps not that . some guests are commonly best pleased when they are least courted , and think themselves most welcome when they are not looked for . and yet the master of the feast in our saviours parable , when the invited guests neglected or refused to come , sent forth his servants into all the streets and lanes of the city , to bring in all that could be found , whether good or bad , till he had filled his table , and made up his company ▪ and 't was a wedding dinner too , which our saviour speaks of . a feast prepared for celebrating the most joyful marriage betwixt christ and his church ; or ( as this was ) betwixt a mighty prince , and a loving people . but so it is in all great meetings of this nature , that many come not to the feast , though they are expected ; and many come not time enough to enter when the bridegrome doth ; some cannot reach to that which is set before them , and others have received no invitation to attend the nuptials . who notwithstanding would not easily be contented with the fragments of it , though they should possibly amount to as many baskets full , as the first provision . and therefore ▪ that the honest desires of some , and even the curiosity of others , may not rest unsatisfied , it is now served in cold but whole ; with grace before it , and grace after it , lest otherwise there might be some defect in the entertainment . nothing remains , but that the guests fall to , and much good may it do them . westminster , iune 8 ▪ 1661. psalm xxxi . ver . 21. versio septuagint . interpret . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 versio vulgaris . benedictus dominus , quoniam mirificavit misericordiam suam mihi in civitate munita . versio sancti hieron . benedictus dominus , quoniam mirabilem fecit misericordiam suam mihi , in civitate munita . versio tremelii . benedictus sit iehova ; quia mirificam reddit benignitatem suam erga me , ut in civitate munita collocans me . the old english translation . thanks be to the lord : for he hath shewed me marvellous great kindness in a strong city . the new english translation . blessed be the lord : for he hath shewed me his marvellous kindness , in a strong city . a sermon preached at the collegiate church of st peter in westminster , on wednesday may 29 th . 1661. psalm xxxi . 21. blessed be the lord , for he hath shewed me his marvellous kindness , in a strong city . 1. sermo opportunus est optimus . it is affirmed by solomon , amongst his proverbs , a that a word spoken in due season , is like to apples of gold in pictures of silver ; that is to say , as pleasing to the ear and understanding of judicious men , as jewels made like apples of gold in nets of silver , are in the eyes of curious and magnificent persons . and of this nature is the text now read unto you , accommodated to the time , to the present solemnity . a text of thankfulness , and a time of thankfulness : a time of great deliverance , and a text of great deliverance . and as the text , such also is the psalm out of which it is taken ; a psalm of consolation , and a text of comfort ; a psalm of confidence , and a text of confidence . a psalm of confidence , in te domine speravi , in thee , o lord , do i put my trust , so it begins . a psalm of consolation , viriliter agite , be of good courage , and you shall be strengthned in the lord , with which words it ends . from the beginning to the end , it speaks gods infinite mercies unto his anointed , and in him to us . as for the form , it is like many of the rest , plaints mixt with prayers , things present mingled with things past ; the sad remembrance of his former troubles , indeared and sweetned by the consideration of some marvellous mercies which god had shewed unto him after all his troubles . but what this kindness was , how great , how marvellous ; how david blessed the name of god for so great a mercy , and what we are to do upon the sense and apprehension of the like felicity ; we shall the better see , if you shall please to joyn with me in humble and hearty prayer to almighty god , &c. our father which art in heaven , &c. 2. victori psalmus david . the title of this psalm ( as st. hierom reads it ) makes it to be composed in memory of some great deliverance , which god , the giver of all victory had marvellously wrought for his servant david . but what particular deliverance it was , which is herein celebrated , hath been made a question . lyra , a natural iew by birth , affirmes upon the credit and authority of rabbi solomon , that david framed this psalm , existens in persecutione saulis ; when he was under those calamities which were forced upon him by the house of saul ; or rather , on the sense and remembrance of them , as from the composition of the psalm may be easily gathered . theodoret , an old greek writer , thinks rather , that it was composed by the royal pen-man , cum ab absolome persecutionem pateretur , when he was outed of his kingdom by the arts of absalom . which difference , how great so ever it appears , may be soon agreed . for , even the treason of achitophel , and the rebellion of absolom , were cherished and fomented by some grandees of the house of saul , as we may be clearly evidenced by some passages of the sacred story , in which it is affirmed , that shimei who threw stones at him , and reviled him for a man of bloud , when he was forced to quit hierusalem to the party of absolom ; was of the family or kindred of the house of saul ; and sheba who revived the war , and blew the trumpet of sedition , when all the people were returning to their old obedience , is plainly said to be a man of the tribe of benjamin , ( which was sauls own tribe ) and generally believed to be of sauls kindred also , who could not easily lay aside their hopes of the crown of israel , till all sauls sons were hanged in gibeah before the lord , of which the scripture speaks in the second of samuel , chap. 22. so that we may declare in favour of the first opinion , that the great kindness , so much magnified by the royal psalmist , relates to his deliverance from the house of saul , when he was setled in ierusalem , and reigned in peace and glory over all the tribes . in which estate he sung this benedictus to the lord his god , that is to say , benedictus dominus , blessed be the lord , for he hath shewed me his marvellous kindness in a strong city . 3. the text it self contains in it these two general parts , god's mercy , david's thankfulness ; god's mercy unto david in that great deliverance , and david's thankfulness unto god for so great a mercy . in the first general , god's mercy , we have these particulars ; the subject of it first , and that was david , david the king , the lord 's anointed , one chosen by the lord out of all his family , to be the blessing of his tribe , and the prince of his people ; mirificavit mihi , he hath shewed to me . 2ly the condition & extent thereof , as being not only called a kindness , a great kindness too , in our old translation ; but , misericordia mirabilis , a marvellous great kindness ; a kindness which had very much of a miracle in it . 3 ly ; the author , or the donor of it , misericordia sua ; his kindness , or the lord 's own kindness . and lastly , on what theatre , or stage , this marvellous kindness of the lord was acted , in civitate munita , in a strong city . over all which , i mean to draw so thin a veil , that under it we may behold the face of our own affairs , but helped by some reflections from the glass of scripture , and some comparisons of the copy with the old original . in the next general , david's thankfulness , we shall observe the retribution which he made to the lord his god for such multiplyed mercies , whether it were expressed in his words , or actions . and then the duties of the day will come in of course , as the conclusion followeth on the premises in a well-formed syllogism . i begin therefore with the first general , god's mercy unto david in that great deliverance , and therein first of all with the subject of it , david the king , the lord 's anointed , the author of this psalm , and the argument of it . 4. expertâ morbi molestiâ , evidentior fit jucunditas sanitatis , as st. austin hath it . none can so rightly estimate the benefit of a perfect health , as he who hath been long oppressed with a languishing sickness . contraries set together , do most perfectly illustrate and express each other . if therefore we would know , how great god's kindness was to david in the time of his glories , we must a little look upon him in his fall , in his lowest fortunes , his wanderings in the vale of misery , or rather , in the valley of the shadow of death , as his own words are . a misery which fell upon him when he least looked for it , when he conceived himself most happy , and on the steps of his ascendent to the throne of israel ; anointed privately by samuel in his father's house , and by that art designed for the next king of the house of iacob : of great esteem amongst the people , for taking up their quarrel against goliah , when all men else fell off , and refused the combate ; amongst the priests , as men that had some secret notice of the designation , or otherwise , beheld him as a man replenished with the spirit of god ; amongst the courtiers as a prince of the royal family , in being married unto mich●l his master's daughter ; amongst the military men for his singular valour made known in many fortunate skirmishes against the philistims , two hundred of whose fore-skins he brought back with him for a sign of his victory ; and , finally , amongst the damosels or ladyes of israel , for his personal gallantry , who playing on their musical instruments , did use to answer one another , saying , that saul had slain his thousands , and david his ten thousands . 5. but , eminentis fortunae comes est invidia , said the court-historian . this general applause and those publique honours , made him a fit subject for as great an envy ; and drew upon him the displeasure of that mighty tyrant , who looked not only on him as his rival in pursuit of glory , but a competitor with the princes of the house of kish for the regal diadem . and being once possessed with these fears and jealousies , he thinks of nothing but to bring him to a swift destruction ; and to that end incenseth all his servants to conspire against him , reproves his daughter for not betraying her husband to his rage and fury , and darts a javelin at his own son ionathan for daring to affect the man whom his father hated . no safety being to be found for david in or neer the court , he must be take himself to places more remote and private ; and in his flight obtains both arms and victuals from abimelech , being at that time the high priest of the iewish nation . for which small courtesie abimelech himself , and more then fourscore of the priests , such as did wear a linnen ephod , as the text informs us , were miserably slaughtered by the hands of doeg a malitious sycophant ; their city sacked , their wives and children smitten with the edge of the sword ; their sheep , their oxen , and their asses , together with the rest of their goods and substance , given over for a prey to their barbarous enemies . poor david in the mean time had retired to akish the king of gath , and consequently the old enemy of his native countrey , where he could promise to himself no great hopes of safety , considering those many sorrows and that foul dishonour he had wrought unto them in the death of their champion . 6. i should both tire my self and afflict your patience , if i should lead him back again to the land of iudah , follow him there in all his wanderings , from thence wait upon him to the court of moab , where he was forced to leave his parents , that he might save them from the fury of the present army . and he might rather choose to leave them in that countrey then in any other , by reason of his descent from ruth , a moabitish woman , as the scripture tells us ; and therefore like to find some favour amongst those of her kindred . but look upon him where we will , either in the cave of adullam , the wilderness of ziph , the desarts of mahum , or the rocks and mountains of engeddi , ( inter serpentes aprosque avid●sque leones ) , and we shall find him no where safe from the hand of his enemies as long as he continued in the realm of israel . the keylites , whom he had redeemed from the power of the philistims , resolved to have betrayed him to the malice of saul , had he not been fore-warned by god of their ill intentions . the men of ziph , more savage then the wild beasts in all those desarts , had entertained the like design , but were as happily prevented as the treacherous keylites . nabal the churl , whose flocks had been protected by him from all thieves and robbers refused to gratifie him with some part of that superfluity which was provided for his sheerers . and though his brethren , and some few of his next relations had repaired unto him ; yet , generally , his friends and kindred look upon him as a man forlorn , whom they could neither privately supply without manifest danger , nor openly relieve without certain ruine . 7. and yet he was not so deserted , but , that some companies resorted to him from all parts of the realm , either to mend their own condition , or to sweeten his . not altogether men of such desperate fortunes as nabal the old churl reported , and perhaps believed . some of them , questionless , might be persons no less eminent both for place and quality , as for their good affections to him ; though generally they were ( as the scripture telleth us ) either is debt or discontent , or some great distress ; that is to say , such as were either discontented with the tyranny of the present government , or were indebted to some cruel and unmerciful creditors , from whom they could expect no favour , and as little justice ; or , in a word , were otherwise distressed upon some suspition , that they were wedded to the interest of the son of iess . the taking of these few volunteers for a guard to his person , is publiquely declared to be the levying of a war against the king ; and all the forces of the realm must be forthwith armed to suppress those men , who were not able to withstand the twelfth part of a tribe . this drives him once again to the court of akish , where he found better entertainment then he did before , because he came accompanyed with a train of couragious followers ; from whom the barbarous king assured himself of no mean assistance in his next wars against his neighbours , without excepting those of the house of israel . 8. but now the tide begins to turn , and a strong floud of mercies of flow in upon him . as there is no deep valley , but neer some high mountain ; so , neer unto this vale of misery was a hill of mercy , and we shall see him climb the top of it without any great difficulty . akish beholds him as a person so depressed and injured by the power of saul , that no reconciliation could be made between them ; and thereupon bestows upon him the strong town of ziglag , to serve for him and his adherents as a city of refuge , to which his party might resort upon all occasions . and for his better welcome thither , the news of saul's uncomfortable , but unpittied death , is swiftly posted to him on the wing of fame ; which opened the first passage to him for the crown of israel . for now there dayly came unto him many men of note and merit , whose names are on record in the book of chronicles , affirmed there to be mighty men , experienced in the use of arms , captains of hundreds and of thousands , and such as seemed to carry victory in their very countenances . and they came thither in such numbers as they made up a great host like the host of god , ( as the scripture calls it ) that is to say , a puissant and mighty army , fit for the undertaking of the noblest actions . by whose incouragement , but chiefly at the instigation of the men of iudah , who had repaired to ziglag , amongst the rest ; he goes up to hebron , the principal city of that tribe , having first taken gods direction & commission with him . there he is cheerfully received , and anointed king , king only over iudah , his own native tribe , the rest of israel still adhering to the house of saul . for , abner captain of saul's host , and one as neer to him in bloud , as in place and power , had gained so far upon the military men , that they agreed to set the crown upon the head of ishbosheth , the eldest of saul's sons which survived his father : and this he did , not on design to divide the kingdom , to break it into two , and set up scepter against scepter , as ieroboam and on the death of solomon ; but , with a purpose to compel the men of iudah by force of arms to cast off david , to unite themselves to the rest of israel , and all together to be subject to a prince of the house of saul . a prince indeed of no great parts , affirmed to be a person of a dull and unactive spirit , more given to ease and pleasures , then to deeds of arms , & magis extra vitia quam cum virtutibus , in the words of tacitus : but fit enough to bear the title of a king , whilest abner and the souldiers managed all affairs as to them seems best . 9. this brings new troubles upon david , though they held not long . a breach is made between the new king , and that great commander ; who being impatient of rebuke , and netled with some words which escaped his master , resolves upon delivering the whose kingdom to the hands of david : to which end he maintains a treaty with him , and concludes the business . but , before all things could be setled , the titulary king is murthered by the two sons of rimmon , both of them captains in his army , both natives of the tribe of benjamin ( his fathers tribe ) and possibly both of them of some kindred and relation to him . this puts an end unto the war ; the west of israel seconding the tribe of iudah , and altogether calling upon david to accept the government . to which end they annoynt him the third time , and own him by that sacred ceremony for their soveraign prince . and such as prince as must have somewhat in him of the priest , and the prophet also . for , rex est mixta persona cum sacerdote , as our lawyers tels us , and capable on that account of the sacred unction ( if some of our masters of the ceremonies have not been mistaken ) . but so it was , that those of benjamin could not so easily forget their late pretentions to the crown of israel , which they had held successively under two great princes , and therefore came not up to hebron with the rest of the tribes , to confer the kingdom upon david , but to obtain it for themselves ( as iosephus telleth us ) . a secret not to be concealed from david a discerning prince , and one that was well studied in his own concernments . who therefore to cut off their hopes , and prevent their practises , resolves to get into his hands the strong city of sion . which standing in a corner of the tribe of benjamin , might serve for a sufficient bridle to hold them in , if they should practise any thing against his quiet for the time to come . and being afterward inlarged at the charge of david , by taking in the city of salim , and building all from millo inward ( as the scripture telleth us ) he caused it to be called hierusalem , peopled it with such families as he might confide in , and made it from thenceforth the chief seat of his royal residence . never till now was david setled in the kingdom , and now he growes considerable in the eyes of all forain princes , who court him , and send presents to him , and trie all means imaginable to obtain his favour . 10. and thus the scepter promised to the tribe of iudah is put into the hands of david the son of iesse , one of the chief princes of that tribe . and all this done at such a time , when they had all the reason in the world to fear the contrary . the government having passed through many tribes , from moses of the race of levi , to ioshua the son of nun of the seed of ephraim , and so from one tribe to another , until it came to saul of the stock of benjamin . and this may seem to have been done for these reasons chiefly : first , that the tribe of iudah might not claim the kingdom otherwise then by gods donation , as possibly they might have done , if they had entred on the government , upon the death of moses , by any military vote , or popular election , or in relation to that primogeniture , which was vested in them by the last will and testament of their father iacob . and 2ly , it was so done , that the people being sensible of the inconveniences of the former government , the miseries which they had indured in the times of anarchie , and the extremities which they had been reduced to , in the reign of saul ; might with a greater cheerfulness imbrace a prince of the royal family , whom god had so miraculously preserved , and commended to them . 11. and it may seem to have been kept so long from david , for two reasons also : first , that he being trained up in the school of experience , and hammered on the anvile of affliction , might be the better qualified for mannaging all affairs of state , then if he had been educated in the pride and pleasures of a princes court. and , secondly , it was so disposed of , that , being to be married to the realm of israel ; he might more passionately long to in●oy his spouse , then if she had cast her self into his imbraces at the first making of the contract . and this was done according to the custome of the iewish nation , who use to place some fitting and convenient interval , betwixt the espousal and the wedding , for which st. austin gives this reason , ne vilem habeat maritus datam , quam non suspiravit sponsus dilatam ; for fear ( saith he ) lest otherwise the bridegroom might despise her in the first fruition , for whom he had not longed with some vehement passion . but being longed for , and long looked for , they are met at last , to the full comfort of both parties , the pleasure of almighty god , and the joy of the nation . 12. such was gods kindness unto david , expressed in his marvellous preservation , when he was compassed round about with invincible dangers ; his exaltation to the throne , from keeping sheep , to be the shepherd of his people ; and therefore not a kindeness , a great kindeness , only ; but , misericordia mirabilis ( in st. hieroms reading ) a marvellous great kindeness , as my text assures me . for , what particular is there in all this kindeness which is not marvellous , mirabile in oculis nostris , as marvellous in our eyes as it was in his ? and not a marvellous kindeness only ; but , miserecordia mirifica , a kindness which wrought wonders , as tremelius reads it . what can it else be thought , but a singular miracle that god should for so many years preserve this poor fugitive prince , both from the treachery of his friends , and the power of his enemies ; that he should finde more favour in the land of moab , then he durst hope for in the place of his birth and breeding ; that men from all parts of the kingdom should resort unto him , when he had neither town of war to secure their persons , nor any stock of money and provisions to maintain their families ; that akish and the men of gath , should lay aside their animosities against him for the death of goliah , and put into his hands a piece of such strength and consequence , as might inable him to create unto them a far greater mischief ? 13. and was it not as great a miracle , if it were not greater , that saul should come to such a miserable and calamitous end , without ingaging david in a ruinous and destructive war , against those men which were designed to be his subjects ? that god should so incline the hearts of the men of iudah , as to accept him for their king , and thereby to involve themselves in a tedious war ; when all the rest of the tribes adhered still to abner , and the sons of saul : that god was pleased to make to use of any of davids party for the destruction of sauls house , but acted that great work by abner and the sons of 〈◊〉 , being the kings near kinsmen and his chief commanders : that all the tribes of israel should unite together to set and crown upon his head , whom they had formerly pursued from one place to another , till they had forced him to take sanctuary in a forain nation : that all this should be done without noyse or trouble ; more then the noyse of joyful shouts and acclamations , and the short trouble of an easie , though a martial , progress : that there should be so few men killed on either side , between the death of saul , and the crowning of david ; and , that god should put into his hands the strong , fort of sion , which neither saul , nor any of the judges , nor ioshua himself , nor gideon , nor ieptha , duo fulmina belli , the veriest thunder-bolts of war , had before attempted . 14. and yet the kindeness was the greater , and the more miraculous , considering that it was extended to spiritual mercies , and not confined to temporal preservations , and external benefits . for notwithstanding the horrid murther of abimelech , the terrible massacre of so many priests , and the unmerciful sacking of the city of nob ; abiathar the next high-priest , and many others doubtless , of that sacred order , joyned themselves unto him . abiathar was too great a person , and too well beloved , not to bring some attendants with him ; and , who more like to bear him company then the priests and levites ? not so much out of care to preserve themselves , as to do service unto him whom the lord had chosen . by means whereof , not only he ; but , all his followers , were instructed in the things of god : and thereby kept from-being any way infected with those gross idolatries , which were predominant in moab and the court of gath. than which there could be nothing more conducible to his future advancement , or which could more indear him to the iewish nation ; when they came once to be assured , that neither flatteries could intice him , nor great threats affright him , nor hope of promised aid allure him , from standing fast to the religion of his fathers , to the law of moses . and more then so , abiathar brought along with him the sacred ephod , by which the high-priest used to consult with god , and to enquire his will and pleasure in all difficult cases . the want whereof , necessitated the unhappy tyrant to have recourse for counsel to the witch of endor , as if he had been forced upon that desperate resolution in the antient poet , ( flectere si nequeo superos , acheronta movebo ) that since he could not move the gods , he would trie the devil . 15. nor was all this a kindeness only , or a great kindeness , as the old translation , and misericordia mirabilis , a marvellous great kindeness , in the eyes of all men ; but , it was misericordia sua , the lords own kindeness , & factum domini , the lords own doing ; to which , no humane prudence could pretend a title . this david understood , none better . and therefore attributes his safety and deliverance to the lord alone , ipse sit licèt magna unique cura & industria usus , ( as musculus hath night-well observed ) , though he himself had used all possible industry and care ▪ for his own preservation . he had his agents and intelligeneers in the court of saul , to give him notice of the secret purposes of his mortal enemy ; he entertained abiathar in a place both of trust and nearness , that by his means he might maintain a correspondence with the rest of that order . and when necessity compelled him to ingage in battail , he sent out ioab , ( a man of most undaunted courage ) to incounter abner , with whom he was competitor for the palm of victory . more providence and care could no man use then david did ; and yet , he calleth it , misericordiam domini , only gods mercy , and his marvellous kindeness , by which he was preserved in the day of trouble . 16. and so indeed it was ; meerly gods mercy , and his marvellous great kindness , by which he was preserved in the dayes of saul , and raised to the throne of israel on the death of ishbosheth . for what could david have effected with all his diligence , had not god secretly forwarned him of those dangers which were near at hand ; or what advantage could abiathars discoveries have procured unto him , had not god sent the spirit of infatuation amongst the princes of sauls house ; supplanted their designes , and turned their wisdom into foolishness ? or , what could ioab with all his valour have atchieved against so many enemies , had not god broken them in pieces , had not god throwen amongst them such a ball of discord , such a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as made them turn their swords upon one another . in which dissention the royal nothing is dispatched on his bed of ease , and dispossessed at once both of crown and life , before he had served out his indentures in the trade of government ; which also must be factum domini , the lord 's doing only , as to the ordering , permitting , and disposing of it ; though abner and the sons of ri●mon had their own vile ends . for , who but god could turn his own sword upon him , and so infatuate the counsels of his chief commanders , as to contrive the ruines of their nearest kinsman , by whose sole power they stood , and might have longer stood ( in all apparent probability ) in their former greatness . 17. except the lord doth keep the city ( saith the royal psalmist ) the watchman watcheth but in vain . except the lord doth build the house , their labour is but lost that build it . what then ? shall then the workman play , and the watchman sleep ? not so , saith origen , ●mpendant ipsi , quantum in se est , laboris et sollicitudinis , &c. let them continue their indevours in the name of god , and let the watchman watch , and the workman labour . though god be all , and that our safety is from him , and from him alone ; yet , he hath told us , that the lazie person shall not eat ; and , the careless person shall not prosper : it is the hand of the diligent which maketh rich ; and he becometh poor that dealeth with a slack hand , ( faith the wiseman solomon ) . god in the ordering and disposing of humane affairs , is like the pilot in a ship ; it is the pilot only which doth steer and guid the vessel , and bringeth it safe into the haven ; yet , it is expected that every several mariner do discharge his duty , and yield obedience to the whistle of the boat-swain . 18. but on the other side , it is not therefore to be thought , that we may warrantably intitle either our industry , or strength , or wisdom to the rights of god. the wisdom of the wise ( saith paul ) is it not foolishness with the lord ? what man is there ( saith david ) that can save himself by his much strength ; yea , or by taking thought ( saith the son of david ) can add one cubit to his stature . man purposeth , but god disposeth : and , when we have most spent our spirits , and consumed our bodies in the well ordering of our fortunes ; yet , it is all in vain , and fruitless , and of no effect except the lord , even our own god , doth give us his blessing . ascribe we therefore to the lord , the glory of his own exployts ; and let us not presume to say in any of our prosperous actions , that , this my own right hand hath done , or my wit effected . though david did as much as care and wisdom could perform for his own security ; yet he refers it all to god , and reckons it his mercy only , and his marvellous kindeness whereby he was preserved from danger , made master of hierusalem , and setled , after all his troubles , in so strong a city . 19. in a strong city . that 's the next . in civitate munita , in a fenced city , saith the latin. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a city walled and ditched about , as the greek text reads it . in civitate robusta & firmata , a city strong in men , and as strongly fortified , in st. hierom's gloss. only tremelius , with some notable difference from all men else , doth translate it thus : benedictus dominus , blessed be the lord for she hath shewed his marvellous kindeness to me in as great a measure , ut in civitate munita collocans me , as if he had inclosed and kept me safe in a town of war , as if i had been billited and strongly garrison'd in a fort and city . t is true indeed , gods mercy is the surest hold , to which we may commit our safety ; the strongest castle of defence , to which we may intrust our persons . a fortress against all our foes ; an antidote against all plagues ; a remedy against all diseases . he that is so defended , need no other arms. non eget mauri iaoulis , nec arcu ; not shield , nor bow , nor poysoned arrows . gods mercy is all kinde of weapons to him , both for annoyance and defence . no armour is so sure of proof , but it may be broken ; nor town so strong , but may be taken ; nor wals so high and close , to keep our contagion . put if gods mercy doth protect us , and his power defend us ; if we be compassed round about with his deliverance , as with a wall ; we will not be affraid through war , and poverty , and sickness , do conspire against us . for we are sure that then we are in such a city , which neither enemy can force , nor want of trade impoverish , nor disease infect . deus meus & omnia . let god be mine , and i am strong enough against all the world , against all violence , against all practices , against all misfortunes . i could inlarge my self on this general topick as to the moral of my text , but that i am to keep my self to the literal sense , to the strong city herein meant by the royal psalmist . 20. and if i keep my self to the literal sense , we must inquire what city is here meant by david . and we shall finde upon a very short inquiry , that it was either ziglag , hebron , or hierusalem , and the last most likely . st. austin , and st. hierome , so resolve for certain , with whom the moderns do agree , as to that particular ; all telling us , that god declared his marvellous mercies unto david , by setling his affairs , in civitate ierusalem , in the strong city of hierusalem , in the fort of sion . for there he found an end of his former sorrows , thither he brought the ark , to that place he removed the trabernacle , and there did he fix his royal palace , with the courts of iustice , and thereby drew unto it , by degrees , all the wealth of the kingdom ; and there he reigned in greater glory and renown , then any of the kings and princes which were round about him . 21. now cities are accounted strong in two respects : first , in the strength of situation , or of art ; and next in the multitudes and natural courage of the people : and in both these ierusalem , as it flourished in the time of david , might worthily be called a strong city , ( as indeed it was ) civitas munitissima , as my author hath it . for first , it was well situated and strongly fortified , three towns in one of them seated on steep hills , and all of them invironed with high walls , strong bullwarks , and unpassable ditches : but none to be compared with the city of sion , which made the iebusites presume so far upon the strength of the place , that , in contempt of davids forces , they mann'd their walls with none but their blind and lame , as iosephus tells us ▪ and then sent word , ( whether with greater pride or folly , it is hard to say ) that except he took away the blind and the lame , he could not come thither . which was to tell him in effect , that those poor wretches were sufficient to make good the fort against all his army , and therefore must be first removed , before he could expect to be master of it . such confidence , saith he , they had in their walls and trenches , that they conceived them able , without further help to keep out the enemy . 22. but walls , we see by this example , are but simple strengths , if there be any want of people , or in the people any want of courage to make good the place . the honour of a king consists not in the strength of towns , and frequency of garrisons ; but in the multitude , and courage , and good affection of his subjects . kings are then safest , when they trust rather to their castles of bones , then their castles of stones ; according to the aphorism of sir henry savage , an old english souldier . lycurgus also seemed to be of the same opinion , when he prohibited the spartans to immure their city , or to use any of the arts of fortification . and in this sense lerusalem was strong ; because it was as populous , and no less capacious , then either nineveh , or babylon , or eckbatana , or any other cities in the eastern countries . so populous , that at the siege thereof by titus , there perished by the sword and famine of all sorts and sexes , 1100000. and above , as iosephus telleth us . and so prodigiously capacious , that once the high-priest ( at the request of cestius a roman president ) numbering the people which came thither to observe the passover , found them to be two millions and seven hundred thousand men ( besides women and children ) all sound and purified , and fitted by the law for that sacred ceremony . a number numberless , and not indeed to be believed , were not iosephus generally reckoned for a true historian , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as the good father , iustin martyr , hath assured us of him . and though these numberings of the people in that mighty city happened long after david's time ; yet the city after david's time received small inlargements . ten of the tribes revolting on the death of solomon , and never afterwards returning to the kings of iudah . 23. as for the courage of the people , and inhabitants of it , in the time of david ; we may conceive it equal at the least , if it were not greater , then that of their posterity in the times succeeding . which was so eminent , that he which reads the story of their final ruine , when besieged by titus , will find the romans so put to it , that they never purchased any city at a dearer rate . and hereupon may say in the word of iustin , et tanta animorum virtus fuit , &c. that though they had just cause at all times to despair of safety ; yet , for the most part , they presumed , and came off with safety , till god was pleased to give them over for a prey to the sword of their enemies . 24. and yet there might be somewhat in it , which more assured david of his peace and happiness , than either the courage of the people , or the strength of the place ; which was their good affection and fidelity to him . and this appears plainly by their carriage towards him , when he was forced to give way to the treason of absolom . for , when he left them to the power of the enemy , the people followed him in great numbers , to express their loyalty ; and followed him in tears , to express their affection . so , as it cannot be affirmed , that either they betrayed , or forsook their king : but , that the king rather in a royal pity did withdraw from them ; left otherwise he might have brought some evil on the city , as the text informs us . lay all that hath been said , together , of the strength of this city , and we shall find , that david had good reason to extol gods name for giving him possession of a place so strong , so populous , and so replenished with a loyal and couragious people . 25. and thus i have run over all the parts of my text , as they declare god's marvellous kindness unto david ; so , that it can be no hard matter to remove the vail , and to behold the face of our own affairs , the mercies of this day , and the glories of it . a day in which we solemnize the memory of as great a kindness ; a kindness as remarkable in respect of the person , as marvellous in its own condition , no less peculiar to the lord as the author of it , and in a place as notable , our principal city , our strongest city of descence . to which , by gods assistance , and your christian patience , i shall now proceed , and then descend unto the duties of the dayes , where we shall meet with david's thankfulness , and our own to boot . 26. et , de quo loquitur propheta , vel populus fidelis ? and in this place may be asked in the eunuch's words , of whom here speaks the prophet , either of himself , or of some other ? not of himself alone saith cassianus , an old christian writer , but in behalf of all gods children , of his faithful servants . the books of psalms is so composed saith athanasius , that every man may read his own story in them , and find therein his own particular concernments ; and that as punctually , as if the purpose of the psalm had been addressed and fitted only unto his occasions . let it be so , and then , who may not find the quality of our late afflictions , and our deliverance together in this present psalm , and read the state of our affairs in the story of david ; and then draw down an easie and familiar parallel betwixt the persons , and the mercies , and the places too ? a parallel , right worthy of the pen of plutarch , if any such were found amongst us ; but , such as seems to have been done in part already , by laying before you david's troubles and his great deliverance . and therefore passing by those things which apply themselves , and those in which the story of both princes seems to make but one ; we will observe the method which is used by plutarch , in laying down the points in which they differ , or , those wherein one party seems to have preheminence above the other . 27. first then , it may be truly said of our english david , as commodus , not without vain-glory , did affirm of himself , quem primum sol & principem & hominem vidit , that he was born a prince , and that the sun did never otherwise behold him then as heir to a kingdom . which cannot be affirmed of david , nor of david's ancestors ; though all of them might live in expectation of obtaining that scepter , which had been promised to that tribe , in the person of iudah . and as his birth was higher , so his fall was lower , and his afflictions so much greater ; and the more insupportable , because he was more tenderly bred , and less able to bear them . nay , they were greater in themselves then the heavyest sorrows that ever fell upon david in the time of his troubles ; who kept himself most commonly unto those retreats which his own countrey did afford him , and when he was compelled to retire to moab , or to sojourn in the realm of gath , neither saul's malice , nor his power did pursue him there . but so it was not in the case of our royal exile ; driven out of all the forts and cities of his own dominions , by the power of his enemies ; and , by their practises , not suffered to remain in france ; nor to be entertained in holland ; compelled to shift from one imperial city to another ; from the higher , to the lower germany ; but , pursued in all , seldom nor never free from their trains and treacheries , who would not think themselves secure but in his destruction . sic aquilam fugiunt trepidae columbae ; never was patridge flown at with a swifter wing by a well-train'd falcon , nor game more hotly followed , by the fiercest hounds ; than this poor prince was chased by those mighty hunters , those nimrods , those robusti venatores , as the scripture calls them : who had the building of that babel which they raised amongst us . they had their cunning lime-hounds to draw dry-foot after him , and plyed the chase with all the kennil at his heels , when the hunt was up : not with a purpose to call off when they had breathed their horses or tryed their dogs ; but with a merciless retreat to hunt him down , and then to wash their cruel and accursed hands in his precious bloud , as is accustomed in the fall of a buck of stagg . 28. and as the dangers which accompanyed our english david , were more transcendent in respect of his sacred person ; so , were they far more grievous to him in respect of his party : whose tears he put into his bottles , whose stripes he bare on his own body , and whose calamities did more afflict his righteous soul , then his own misfortunes . and , if we look upon his party with an equal eye , we shall soon find them to have suffered more and far heavier pressures in his cause and quarrel , then all the hebrew nations did for the sake of david . we read indeed of 85. priests slaughtered by the cruelty and command of saul ; but we may read of more than twenty times that number of our regular clergy ; all the bishops , deans , and dignitaries , and almost all the heads of houses imprisoned , plundered , sequestred , ejected ; their wives and children miserably turn'd out of doors , some of them left for dead in the open streets . and why all this ? but for adhering to his majesty , and his fathers house , and to the laws , and the religion here established , and for no crime else . but then again , we do not read of any man of quality in the tribes of israel , condemned and executed , or otherwise deprived of lands and liberties , for his well wishing unto david . amongst us , nothing was more common than the imprisoning of our choisest and most able gentry , selling the goods , confiscating the lands , and calling those in question for their very lives , whose known fidelity was imputed to them for their only crime . for , now we had attained to that height of wretchedness , that loyalty must pass for treason , and treason must be unicum eorum crimen quivacabant crimine , as in the worst and most deplorable condition of the roman empire . and thereupon it was concluded in the school of tyrannus , that they who were so prodigal of their money , arms and victuals to another man , especially , to one marked out for ruine by their mighty masters , should have no bread to feed their families , or money to maintain themselves ; or other arms , but prayers , and tears , to save them from the violence of unjust oppression , even from death it self . 29. besides , it might be some alleviation unto david's followers , to suffer by the hands of a lawful king , a king set over them by god , by the lord himself ; whose power they were not to resist , whose person was too sacred , and his authority too transcendent to be called in question . but it must be a torment unexpressible to a generous spirit , to be trode underfoot by an adoni-bezek ; to have their lives and vineyards taken from them , at the will of an ahab ; to see the bramble reign as king over all the trees our tallest oakes felled down by a shrub of yesterday ; and all the goodly cedars of the church , grubbed up , to make room for a stinking elder . 30. in the next place , as the calamities which fell upon our english david , and his faithful followers , were more in number and more grievous , then all those which had been suffered by the other ; so was the kindness of the lord more marvellous in his preservation , the hand of god more visible in his restitution . and first , the kindness was more marvellous in his preservation , because we do not find that david ever hazarded his own person in the day of battail , but managed all his wars with abner , absolom , and sheba , by the hand of ioab . which gave him means and opportunity to provide for himself , though all his forces had been routed , and their general taken . but our great master put himself into the head of his army , ventured his life for the redemption of his people , charged and recharged through the thickest of his enemies , the first that came into the field , and the last that left it ; and thereby gained the honour , though he lost the victory of the day . by what miraculous means he was preserved from death in that fatal overthrow , and with what loyal secrecy conveyed from one place to another , is not so clearly and distinctly known as the cause deserves ; & therefore to be wished that it may publickly be declared by his sacred majesty ; that god might have the glory of his own great mercies , and all good men the honour of their brave fidelity . in the mean time , we may with piety believe , that he was either carryed off by god on the wings of angels , so that none could reach him ; or else inveloped round about with a cloud of darkness , so that none could see him , cernere ne quis eum , ne quis contingere poss it , as virgil telleth us of aeneas in the last condition . 31. and then again , the hand of god was far more visible in his restitution . for , was it not a marvellous kindness , that god was pleased to preserve a strong party for him , which had not been infected with the errors and corruptions , which then reigned amongst us ; that in a time of such a general defection from the rules of the church , so many thousands should be found of all sorts and sexes , which had not bowed the knee to baal , nor to the golden calves of dan and bethel , nor the more guilded calves that grazed and bleated upon these mountains of the lord. and that far more should keep their hearts intire and loyal in those times of danger , when they could find no means to signifie it by their tongues and hands . and this not only was a kindness , and a marvellous kindness ; but , misericordia sua , the lords kindness also , most properly to be called the work of god , who did both bow their hearts , and advance their hands , and use them both , for the facilitating of the kings reduction . 32. in which conjuncture of affairs , a little cloud ariseth from the northern sea , after the heavens had been shut up for some years together . which though it were no bigger then a mans hand in the first appearance , yet brought along with it such abundance of rain , as did not only comfort and refresh the afflicted land , but forced our politick ahabs , and their followers too , to take their chariots and make haste away to some other place , before the storm should overtake them . and certainly this must needs be misericordia sua , as well gods mercy in it self , as to be reckoned for a mavellous mercy in the eyes of men . for neither the party was so weak , nor the cause so desperate , as to be broken by the coming of so small a power , as rather seemed to be a guard to their generals person , then of sufficient force to oppose that army , before which two great kings were not able to stand . and then it is to be observed , that such as draw their swords upon god's anointed , use commonly to throw away the scabbards also ; and find no way of doing better , but by doing worse . nil medium inter summa & . praecipitia . no middle way for them to walke in , but either to bear up like princes , or to die like traytors . but it was otherwise in the case which we have before us . god so prevailing on the hearts of the men of war , that they became no less ready to receive their king , then his own party to invite him ; and they which first ingaged in the war against him , expulsed him hence , and voted him uncapable of the regal dignity , are now as zealous as the best to advance him to it . nay , they contended eagerly with the rest of the subjects ( as once the men of israel did with the men of iudah ) which of the two should shew most zeal for his restitution ; and did not only send word to him that he should return , both he and his servants with him ; but , some of them passed over the flood , that they might bring him back unto his countrey with the greater glory . et certant ipsi secum , utrùm contumeliosius eum expulerint , an honorabilius revocaverint ; as in the case of alcibiades is observed by iustin. 33. but possibly our gideon with such a handful of men , might not have been of power sufficient to effect the enterprise , if our great city had not openly appeared in favour of it , and thereby given encouragement to the rest of the subjects , whose hearts stood firm unto the king. a treble city of three towns together , but all of them united in one common name , as ierusalem was ; and no less strong then that , in regard on the multitude ; but stronger , in respect of the power and riches of the people of it . for here it was , in this strong city , the principal city of our nation , the abstract or epitomie of all britain ( in britanniarum compendio ) as my author cals it , that the design was most advanced , though not there contrived . and here it was in this strong city that this great miracle of mercy did receive accomplishment , by opening both their gates , and hearts , and hands , to receive their soveraign . let them continue in that obedience to our lord the king , & they shal wipe away the memory of their former errors . nay , our posterity shall behold them with a cheerful gratitude , as the restorers and preservers of our common happiness , by giving good example to the rest of the kingdom . for certainly the practice of great cities , is exemplary , not only in their morals ; but , their politicks too . according to the motion of the primum mobile , the lower stars and planets move in their several spheres , and think it no disgrace to be sometimes retrograde , or in their motus trepidationis ; when the first orbe begins to be irregular , or seems to be left destitute of those intelligences which are said to move it . 34. and therefore it concerns great towns and populous cities , upon whose actions all mens eyes are fixed and busied , to be a pattern of good works , of loyalty , and of due obedience to the rest of the people . faction , and opposition to authority , are two dangerous plagues , more fatal and destructive to the greatest empire , than the sword , pestilence , or famine . which if they get into a city or a town of note , non ibi consistunt ubi caeperunt , infect not there alone where they first brake out ; but , as the nature of the plague is observed to be , from thence it springs into the villages adjoyning , and in the end to all the quarters of the kingdom . it cannot be denied , but that we found it to be so in the first revolt ; but then it must be granted also , that the tide never turned in the lesser rivers , until the thames had made a stand under london-bridge . the noise of which great miracle ( as it was no other ) made all the waters clap their hands , and the floods rejoyce , and even the ocean to be proud of so rich a burthen , as was committed to its trust by the heavenly pilot. 35. for now the king prepares for his return to the royal city , not with an army to besiege it , to smite it with the edge of the sword , and to root out the iebusites , which were planted in it , as david did when he first brought hierusalem under his command . not so ; but , as a prince of peace , as the son of david , to bring the glad tidings of salvation to all his subjects , to put an end to all the miseries of his people , and to restore them to that peace and happiness , which they had forfeited by pride and wantonness , by disobedience to his person , and distrust to his promises ; and , in a word , by doing more then is to be repeated , since it hath been pardoned . and to this city came the tribes to receive their king ; whether , in greater numbers , or with greedier eyes , or with more joyful hearts , it is hard to say . of which , i shall speak little now , because more anon . this was the blessing of the day , and this conducts me next to the duties of it , which we shall take from david's doctrine and example , benedictus dominus , blessed be the lord. 36. et quemodo dicit , benedictus dominus ? num illi opus est benedictione nostra ? what means the prophet ( saith st. hierom ) by this form of speech ? hath the lord need of us that we should bless him ? no , but we say , with vatablus , that it is an hebraism , a garb of speech peculiar to the hebrew language ; the meaning this , dignus est omni laude dominus , the lord is worthy to be praised , his mighty acts to be preserved in perpetual memory . what david's practice was , we need make no question ; or , if we did , we have sufficient evidence for it in the book of psalms . most of which were composed to no other purpose , but to extol gods name , and set forth his prayses for all the blessings which he had bestowed upon him in his soul and body . among which last , there was none more great , more marvellous , more fit to be ascribed to the lord alone , then the preserving of his person , the raising of him to his throne , and the establishing of that throne in so strong a city . and therefore , benedictus dominus , let thanks be given unto the lord , saith our old translation . 37. but more particularly we may behold the thankfulness of david , in his works and actions . we may behold it in his works , if we consult that notable passage of iosephus , where it is said , that david being delivered from his wars and troubles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , indited anthems , psams , and hymnes in the praise of god ; calling to minde those manifold and great occasions which might induce him to a pious and religious gratitude ; and more then so , he procured many instruments to be made for god's publick service , organs , and psalteries , and harps , and taught the levites how to praise gods name upon them ( saith the same iosephus ) not only on the sabbath , but the other festivals . for doing which , he had no precept from above , or any warrant that we read of , but his own authority , and that he thought it fit and decent . 38. david , no question , knew as perfectly gods nature and the true nature of his service , as any other man whatsoever he was : yet thought he not that either of them was prophaned or made lesse edifying by the occasion of sweet musick & melodious harmony . which made him call so often upon all his people , not only to set forth gods praises in their songs and hymns , but to extol and celebrate his name , with trumpets and loud sounding cymbals , with psalteries and harps , stringed instruments , and organs also ; and that not in their houses only , but in the blessed sanctuary , as appears plainly in the last of the book of psal. and he appointed also that the singers , and such as played upon the musical instruments , in the performance of this service , should be cloathed in white , or rather with a linnen vesture over the rest of their garments , as it is said expresly in the 1 chro. ch . 15. from whence ( or from the linnen ephod which was worn by the priests ) we have derived the surplisse now in use amongst us , and not from any garment used by the priests of isis , as some of the preciser sort have most idely fancyed . 39. but david was as excellent in paying his thankfulnesse to god in the acts of piety , as praising him with songs and hymns , and musical instruments . the ark of god which had been taken by the philist ms in the time of eli , and kept at keriath-jearim all the raign of saul ; is now brought back ▪ and setled in hierusalem by the care of david , who gave not only order for the doing of it , but saw it done and was himself a principal actor in that sacred ceremony . he thought it no way mis-becomming any earthly majesty , to look to all such matters as concerned religion and appertained unto the service of the most high god ; nor is there any thing which makes a king more esteemable in the eies of his subjects , then to be active and industrious in the restoring of gods worship to it's antient purity . ille diis proximus habetur , per quem deorum majestas vindicatur , are the words of an heathen , yet such as may become the most sober christian. 40. follow him yet a little further , and we shall see him putting the whole service of god into a better frame and order , then it had been formerly . to which end he appointed to the priests their several tunes , that every man might know the course of his ministration ; and so distributed and disposed them under several heads , that all things might be acted by them without confusion . which heads or rulers , or chief captains , as the gospel calls them , being in number twenty fowr , besides the high-priest , and his sagan or the second high-priest , twenty six in all , make up the just tale of our english bishops . and in regard the tribe of levi had remained so faithful to him , and done and suffered so much for him , in the time of his troubles , he is resolved to make a retribution worthy of a royal spirit . some of them therefore he sets over the treasures of the house of god , that is to say , such treasures as were dedicated and laied up in the holy temple , or otherwise offered and designed for religious uses . others he made officers and iudges in the tribes of israel , and that not only in all businesses of the lord , in all sacred matters , but in the businesse of the king , even in civill concernments , as is expressed most plainly in the first of chro. ch . 26. so far was david from conceiving , that sacred orders were a super-sedeas to all civill prudence ; and that he might not lawfully make use of the abilities of any of his subjects , of what sort soever , as councellours , iudges , officers , or what else he pleased . 41. thus david did , and thus our david hath done also . he made it his first act to close the breaches in this church , both in doctrine and discipline , and to restore the antient government of bishops , according to gods words and the primitive practice . he takes care that divine service be officiated with as much solemnity , as in the best and happiest times of his predecessors , adorns his chappel in a costly and magnificent manner , gathereth together the best voices in his whole dominions , and intermingleth them with musical instruments , which seem to carry a resemblance to that heavenly harmony which some ascribe unto the spheres . a form of service highly magnyfied by the primitive christian , and such as gained exceedingly upon mens affections . st. austin , when an heathen or at best a manich●e found two temptations to invite him to the christian churches ; that is to say , to hear the eloquence of st. ambrose when he was in the pulpit , and the h●rmonious melody which was made in the quire. and it is hard to say , which of the two prevailed most towards his conversion . the musick of the church so mollified his stony heart that it drew tears from his eys ( ut flevi ad cantus ecclesiae tuae ) and thereby made him apter for all such impressions of the holy spirit , as afterwards advanced him highly in the favour both of god and men , retained on this account , ( as he after tells us ) in all the churches of those times , both greek and latin , ut per oblectamenta aurium , in firmior assurgat animus in pietatis affectum ; because it did compose mens thoughts , and calm their passions , and fit them to the serious and the grave performance of religious offices : which makes it seem the greater wonder , that any man , preferred and dignified in the church of england , should in a sermon preached , and printed , and exposed to sale ; compare the heavenly musick in cathedral churches to that confused medley of the flute , the sackbut , and the harp , the psaltery , the cornet , and the dulcimer , which played before the golden image , advanced by nebucadnezzar in the fields of babylon . but he hath-long since smarted for his folly , and so let him go . 42. our english david stays not here , but looks upon the services and the sufferings of the regular clergy ; some of which he restoreth to their former fortunes , and raises others unto greater then they had before . all the episcopal sees , but one , are filled with learned and religious prelates , of whom the tongue of envy , hatred , malice and uncharitableness can speak no reproach . and as the sees are filled with learned and religious prelates ; so is it to be hoped that by the piety of these times , those prelates shall be re-established in those powers and priviledges , which the iniquity of the last times hath taken from them . without which they must pass for cyphers in the church-arithmetick , disabled from proceeding in the work of god ; of less esteem amongst their friends , and a scorn to their adversaries . the state was never better served , then when the messengers of peace were the ministers of it : when kings asked counsel of the priests , and that the priests were counsellors , officers , and judges in their several times . which david must needs know as well as any ( being a prince replenished with the spirit of god ) or else he had not called them to those imployments which the scripture speaks of . 43. thus hath the king performed his duty , we must next do ours ; and pay our thankfulness to god on the knees of our hearts , for the advancement of our david to the throne of his fathers ; and , thereby giving us such a fair and blessed sun-shine after a long egyptian darkness , and so miraculous a calm upon the back of that most dreadful intermixture of thunder and lightning ( the roaring of the cannons , and the burning of towns ) , which was never equalled in this nation . which as it ought to be our duty to the last day of our lives ; so , more particularly of this day , which by the piety of the state hath been set apart for the celebration , for the commemorating , of that kindness , that marvellous great kindness which he hath shewed to us , and to his anointed , in the chief city of our nation , the abstract or epitomie of the whole , as before was said . such festivals as these come not within the censure of our nicer spirits : those which have quarrelled at the rest , the festivals of christ , and his apostles , and his virgin mother ; do yet allow of feriae repentinae , & ex re nata institutae , as they please to phrase it : such as are instituted and ordained upon new emergencies . if any thing displease them in it , it is the setling of it by a law to be made perpetual ; to be a day of thankfulness and commemoration to succeeding ages . which being the adding of a new to the ancient festivals , may spur on those which are in eminent place and power , to rejoyn the old festivals to the new , and cause them both to be observed with such christian piety , that all men laying aside their trades and profane imployments , may diligently repair to their parish churches , to set forth god's most worthy praise , to hear his most holy word , and to ask those things which be requisite and necessary both for the body and the soul , according to the laws and statutes in that case provided . but , as for this particular day , it is to be observed as our feast of purim , in memory of our deliverance from the hands of haman , and haman's being hanged upon the gallouse of his own preparing , together with his ten sons ( mark the number well ) all executed by the common hang-man on the same account . a day of praising god in our publique churches , of feasting and rejoycing in our private houses , of joy and triumphs in our streets ; a day to be observed with all due solemnity , as being the birth-day of the king and the kingdom too . 44. and so it cannot choose but do , if we look back upon the miseries of the former tyranny , as well in our spiritual concernments as our civil rights . and then reflect upon this day as it was celebrated by all sorts of people at the king's reduction . and first , if we take notice of the miseries of the times preceding in reference to spiritual matters , we may observe our publique liturgie disgraced , and at last discharged , to make way for the rash , seditious , and inconsiderate evaporations of those turbulent spirits , whose very prayers , in fine , were turned into sin : the pulpits every where left open to all sorts of mechanicks ; and either no priests made at all , or , none but such as were of ieroboam's making , priests of the lowest of the people ; abhorring idols made a colour for committing sacriledge , such sacriledges too as seldom or never had been heard of amongst the gentiles ; pictures and images in church-windows ( retained for ornaments till this day in the lutheran churches ) defaced on purpose , for the ostentation of a swifter zeal , than could keep company with knowledge . but , in the mean time , such a worshipping of imaginations advanced and countenanced as seemed no less destructive to all christian piety , than the worship of images ; and , in a word , all the exploded heresies of the elder times revived , and justified , without reproach to them that did it ; to the displeasure of almighty god , the dishonour of the church , the grief of all good men , and the shame of the nation . nor did we speed much better in our civil rights , in reference to that liberty and property , which seems peculiar in a manner to the english subjects . quocunque aspiceres , luctus gemitus que sonabant , in the poets language . no news in any of our streets , but that of leading men into fresh captivity ; nor musick to be heard in our private houses , but the sighs , groans , and cries of afflicted people , who either suffered in themselves , or their friends and kindred . our persons haled unto the prisons , and our heads to the block ▪ our children born to bondage , and brought up to servitude , our goods taken from us , and exposed to sale ; all our lands either held in villenage ; or , which was worse , ad voluntatem domini , during the will and pleasure only of our mighty landlords . such a confusion in the city , such spoils and rapines in the countrey , and such oppressions in all places under their command ; that greater miseries never fell upon god's own people in those wretched times , in which there was no king in israel . 46. to put an end to which misfortunes , god brings the king unto his throne , as upon this day ; and brings him to his throne after such a manner , as makes it seem all-miracle in the eyes of christendom . when first , like noah's dove in the book of genesis , he left the ark of his retreat and preservation , that he might trie whether the waters were asswaged from the face of the earth , he found no resting place for the soles of his feet ; but when he took his second flight , and came next amongst us , and brought an olive leaf in his mouth , to be a pledge of peace and reconciliation betwixt him and his people , he made his coming most agreeable to those very men , who before most feared it . a coming so agreeable to all sorts of people , that never king was entertained with more signs of joy , or welcomed with a greater concourse of his faithful subjects ; all of them with te deum in their mouths , and the magnificat in their hearts ; old women being as busie at their benedicite's , in their dark retreats , as children were at hosanna's in the wayes and fields . the mountains skippe like raws , and the little hils like young sheep , as he passed along ; the trees bowed down their heads to salute their king ; and the glad earth , rejoyced to become his footstool . but when he came within the view of the royal city , good god! what infinite throngs of people did run out to see him ? with what a gallant equipage did the nobility and gentry set forth to meet him . never did england see it self so glorious as upon that day , nor old rome so magnificent in her stateliest triumphs , as our great city then appeared in the eyes of those , who flocked from all parts of the kingdom in such infinite numbers , that london could no more be called the abstract or epitome of the realm of england , but the realm it self . 47. incouraged with which general welcome , he hath received here ( here in this church , he hath received ) his last anoynting , to the great joy of all his true and faithful subjects ; who once again repaired to our capital city , but in greater multitudes , that by their quality , numbers , and external gallantry , they might express their good affections , and add some new lustre to the accustomed pomp and splendour of the coronation . the pomp and splendour of which day , is not to be described by a readier pen than i am able to pretend to ; nor to be equalled by any other in the times preceding , but only by the glorious day of the kings reduction ; of which we may affirm with the court historian , though with no such flattery , la●itiam illius diei , consursum totius civitatis , & 〈◊〉 pene inferenti●m coelo m●●is , &c. what pen is able to express the triumphs of those two great dayes , when all the bravery of the nation seemed to be powred into the city , and the whole city emptied into some few streets , the windows in those streets to be glased with eyes , the houses in a maner to be tyled with men ; and all the people in the streets , the windowes and the house tops also , ingeminating and regeminating this most joyful acclamation , god save the king. 48. for which great mercies , and the rest of this glorious day , let us sing our benedictus also , to the lord our god : blessed be the lord god of israel , for he hath visited and redeemed his people , and hath raised up a mighty salvation for us in the house of his servant david . to which immortal and invisible god , the almighty father ; and to the honorable , true and only son , the lamb that sits upon the throne ; and to the holy ghost the comforter ; let us ascribe , as we are bound , all majesty , might , praise , power , and glory , from this time forth for ever more . and let all the people say , amen . the end . notes, typically marginal, from the original text notes for div a43551-e850 a prov. 15. 23 2 sam. 20. 1. 2 sam. 16. 5. 1 sam. 16. 13. 1 sam. 17. 24. 1 sam. 28. 28. 1 sam. 18. 27. 1 sam. 18. 1 sam. 19. 1 sam. 19. 1. 1 sam. 20. 33. 1 sam. 21. 6 , 9. 1 sam. 22. 18 , &c. 1 1 sam. 21. 10. 1 sam. 22. 3. 1 sam. 23. 1 sam. 23. 20. 1 sam. 25. 11. 1 sam. 22. 1. 1 sam. 27. 2. 1 sam. 22. 2. 1 sam. 29. 8. 1 sam. 27. 2. 1 sam. 27. 6. 1 chr. 12. 1 , &c. 1 chr. 12. 22. 2 sam. 2. 1 , 4. 1 sam. 14. 50. 2 sam. 2. 8 , 9. 2 sam. 3. 8. 2 sam. 4. 2. antiq. iud. lib. 7. cap. 2. august . in confes . lib. 8. cap. 2. 1 sam. 23 6. ☞ muscul. in psal. 31. psal. 127. 1. origen . in rom ▪ cap. 9. horat. a●iq . iud ic . 〈◊〉 . 7. chap 3. loseph . de ●ello . iud. lib. 7. c. 17. id. ibid. athanas. in epist . ad mar. in tom. 3. virgil. aencid . 1 king. 18. 44. tacit. hist li. 2. vellei . 〈◊〉 hist. l. 2. antiq. iudaic. lib. 7. chap. 10. aug conf. lib. 10. ch . 23. id. ibid. dan. 3. 5. parliaments power in lawes for religion, or, an ansvvere to that old and groundles [sic] calumny of the papists, nick-naming the religion of the church of england, by the name of a parliamentary-religion sent to a friend who was troubled at it, and earnestly desired satisfaction in it. heylyn, peter, 1600-1662. this text is an enriched version of the tcp digital transcription a43547 of text r200234 in the english short title catalog (wing h1730). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 98 kb of xml-encoded text transcribed from 22 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a43547 wing h1730 estc r200234 12137481 ocm 12137481 54783 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a43547) transcribed from: (early english books online ; image set 54783) images scanned from microfilm: (early english books, 1641-1700 ; 105:6) parliaments power in lawes for religion, or, an ansvvere to that old and groundles [sic] calumny of the papists, nick-naming the religion of the church of england, by the name of a parliamentary-religion sent to a friend who was troubled at it, and earnestly desired satisfaction in it. heylyn, peter, 1600-1662. [6], 36 p. printed by henry hall ..., oxford : 1645. attributed to peter heylyn. cf. bm. signed: e.y. reproduction of original in huntington library. eng england and wales. -parliament. church of england -government. church and state -great britain. a43547 r200234 (wing h1730). civilwar no parliaments power, in lawes for religion. or, an ansvvere to that old and groundles calumny of the papists, nick-naming the religion of the heylyn, peter 1645 17265 14 0 0 0 0 0 8 b the rate of 8 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2002-08 tcp assigned for keying and markup 2002-09 spi global keyed and coded from proquest page images 2002-10 judith siefring sampled and proofread 2002-10 judith siefring text and markup reviewed and edited 2002-12 pfs batch review (qc) and xml conversion parliaments power , in lawes for religion . or , an ansvvere to that old and groundles calumny of the papists , nick-naming the religion of the church of england , by the name of a parliamentary religion . sent to a freind , who was troubled at it , and earnestly desired satisfaction in it . oxford , printed by henry hall printer to the universitie . 1645. the preface . syr , at my being with you last , you seemed to bee much scandalized for the church of england . you told me you were well assured that her doctrine was most true and orthodox , her government conform to the word of god , and the best ages of the church ; her liturgy an extract of the primitive formes : nothing in all the whole composure but what did tend to edification , and increase of piety . but that you were not satisfied in the waies and meanes by which this church proceeded in her reformation : that you had heard it oft objected by some partisans of the church of rome , that our religion was meere parliamentarian ; or , as doctor harding said long since , that we had a parliament-religion , a parliament-faith , and a parliament-gospell ; to which sanders and some others added , that we had none but parliament bishops , and a parliament-clergy . that you were apt enough to think , the papists made not all this noise without some ground for it , in regard you see the parliaments in these latter times so bent to catch at all occasions whereby to manifest their power in ecclesiasticall matters . and finally , that you were heartily ashamed , that being so often choaked with these objections , you neither knew how to traverse the inditement , or plead not guilty to the bill . this was the sum of your discourse ; and upon this you did desire me to be think my selfe of some fit plaister for this sore , to satisfie you ( if i could ) of your doubts and jealousies , assuring me that your desires proceeded not from curiositie , or an itch of knowledg , or out of any disaffection to the high court of parliament ; but meerly from an honest zeale to the church of england , whose credit and renown you did far prefer before your life , or whatsoever else could be deere unto you ; adding withall , that if i would take paines for your satisfaction , and help you out of those perplexities which you were involved in , i should not only doe good service to the church it selfe , but to many a wavering member of it , whom these objections mainly stagger in their resolution . in fine , that you desired to be informed how far the parliaments of england have been interessed , in the former times , in matters which concern religion , and god's publique worship ; what ground there is for all this clamour of the papists ; and whether the two houses , or eyther of them have exercised , of old , any such authority in things of ecclesiasticall and spirituall nature , as they now pretend to . vvhich , though it be a dangerous and invidious subject ( as the times now are ) yet for your sake , and for the truths , and for the honour also of parliaments , which seeme to suffer much in the accusation , i shall undertake it ; premising first , that i intend not to say any thing to the point of right , whether or not the parliament may lawfully meddle in such matters as concern religion , but shall apply my selfe only unto matters of fact , as they relate unto the reformation here by lawe established . and for my method in this businesse , i will begin with the ejection of the pope and his authority ; descending next to the translation of the scriptures into the english tongue , and the reformation of the church in doctrinals and formes of worship ; and so proceed unto the power of making canons for the well ordering of the clergy , and the direction of the people in all such particulars as doe concern them in the exercise of their religion . and in the canvasing of these points , i shall make it good , that till these busie and unfortunate dayes , in which every man intrudeth on the preistly function , the parliaments did not any thing at all either in matters doctrinal , or in making canons , or in translating of the scriptures ; and that concerning formes of worship they did nothing neyther , but strengthen and establish what was done before in the clergy-way , by adding the secular authority to the constitutions of the church , according to the usage of the best and happiest times of christianity . parliaments power , in lawes for religion . 1. of the ejection of the pope . and first , beginning with the ejection of the pope and his authority , that led the way unto the reformation of religion which did after follow : it was first voted and decreed in the convocation , before ever it became the subject of an act of parliament . for in the yeare 1530. 22o . h. 8. the clergy being caught in a premunire were willing to redeeme their danger by a summe of money , and to that end the clergy of the province of canterbury bestowed upon the king the summe of 100000 pounds , to be paid by equall portions in the five yeares following . but the king would not so be satisfied unlesse they would acknowledge him for the supreme head on earth of the church of england , which though it was hard meate , and would not easily downe amongst them , yet it passed at last . for , being throughly debated in a synodicall way , both in the upper and lower houses of convocation , they did in fine agree upon this expression . cujus ( ecclesiae sc. anglicanae ) singularem protectorem , unicum et supremum dominum , et ( quantum per christi leges licet ) supremum caput , ipsius majestatem recognoscimus . to this they all assented and subscribed their hands , and afterwards incorporated it into the publique act or instrument , which was presented to the king in the name of his clergy , for the redeeming of their error , and the graunt of their money , which as it doth at large appeare in the records and acts of the convocation , so is it touched upon in an historicall way in the antiq. britan : mason de minist. anglic. and some other authors ; by whom it also doth appeare , that what was thus concluded on by the clergy of the province of canterbury , was also ratified and confirmed by the convocation for the province of yorke ( according to the usuall custom ) save that they did not buy their pardon at so deare a rate . this was the leading card to the game which followed . for on this ground were built the statutes prohibiting all appeales to rome , and for determining all ecclesiasticall suites and controversies within the kingdome 24. h. 8. c. 12. that for the manner of electing and consecrating of archbishops and bishops . 25. h. 8. c. 20. and , the prohibiting the payment of all impositions to the court of rome ; and for obtayning all such dispensations from the see of canterbury which formerly were procured from the popes of rome . 25. h. 8. c , 21. which last is built expresly upon this foundation ; that the king is the only supreme head of the church of england , and was so recognized by the prelates and clergy , representing the said church in their convocation . and on the very same foundation was the statute raised 26. h. 8. c. 1. where in the king is declared to be the supreme head of the church of england , & to have all honors & preeminencies which were annexed unto that title , as by the act it selfe doth at full appeare , which act being made ( i speake it from the act it selfe ) only for corroboration and confirmation of that which had beene done in the convocation , did afterwards draw on the statute for the tenths and first-fruits , as the point incident to the headship or supreme authority , 26. h. 8 , c. 3. the second step to the ejection of the pope , was the submission of the clergy to the said k. henry , whom they had recognized for their supreme head . and this was first concluded on in the convocation , before it was proposed or agitated in the houses of parliament ; and was commended only to the care of the parliament , that it might have the force of a law by a civill sanction . the whole debate with all the traverses and emergent difficulties which appeared therein are specified at large in the records of convocation , anno 1532. but being you have not oportunity to consult those records , i shall prove it by the act of parliament , called commonly the act of the submission of the clergy , but bearing this title in the abridgement of the statutes set out by poulton , that the clergy in their convocations shall enact no constitutions without the kings assent . in which it is premised for granted that the clergy of the realm of england , had not only acknowledg'd according to the truth , that the convocation of the same clergy , is , alwaies hath beene , and ought to be assembled alwaies by the kings writ ; but also submitting themselves to the kings majesty , had promised in verbo sacerdotii , that they would never from henceforth presume to attempt , alleage , claime , or put in ure , enact , promulge or execute any new canons , constitutions , ordinances provinciall , or other , or by whatsoever other name they shall be called in the convocation , unlesse the kings most royall assent may to them be had , to make , promulge and execute the same , and that his majestie doe give his most royall assent and authority in that behalfe . upon which ground worke of the clergies , the parliament shortly after built this superstructure , to the same effect : viz. that none of the said clergy from thenceforth should presume to attempt , alleage , claime or put in ure any constitutions or ordinances , provinciall or synodals , or any other canons ; nor shall enact , promulge , or execute any such canons , constitutions , or ordinances provinciall ( by whatsoever name or names they may be called ) in their convocations in time comming ( which alwaies shall be assembled by the kings writ ) unlesse the same clergy may have the kings most royall assent and licence to make , promulge and execute such canons , constitutions and ordinances provinciall or synodicall , upon paine of every one of the said clergy doing the contrary to this act , and thereof convict , to suffer imprisonment and make fine at the kings will . 25. h. 8. c. 19. so that the statute , in effect , is no more than this , an act to bind the clergy to performe their promise , to keepe them fast unto their word for the time to come , that no new canon should bee made in the times succeeding in favour of the pope , or by his authority , or to the diminution of the kings royall prerogative , or contrary to the lawes and statutes of this realme of england , as many papall constitutions were in the former ages : which statute i desire you to take notice of , because it is the rule and measure of the churches power in making canons , constitutions , or whatsoever else you shall please to call them in their convocations . the third and finall act conducing to the popes ejection , was an act of parliament 28. h. 8. c. 10. entituled an act extinguishing the authority of the bishop of rome . by which it was enacted that if any person should extoll the authority of the bishop of rome , he should incurre the penalty of a praemunire ; that every officer , both ecclesiasticall and lay , should be sworne to renounce the said bishop and his authority , and to resist it to his power , and to repute any oath formerly taken in maintenance of the said bishop , or his authority , to be void ; and finally that the refusall of the said oath should be judged high treason . but this was also usherd in by the determination first , and after by the practice of all the clergie . for in the yeare 1534 , which was two yeares before the passing of this act , the king had sent this proposition to be agitated in both vniversities , and in the greatest and most famous monasteries of the kingdome , that is to say , an aliquid authoritatis in hoc regno angliae pontifici romano de jure competat plus quam alii cuicunque episcopo extero ? by whom it was determined negatively , that the bishop of rome had no more power of right in the kingdome of england , than any other forraigne bishop : which being testified and returned under their hands and seales respectively ( the originals whereof are still remayning in the library of sir robert cotton ) was a good preamble to the bishops and the rest of the clergy assembled in their convocation to conclude the like . and so accordingly they did , and made an instrument thereof subscribed by the hands of all the bishops , and others of the clergie , and afterwards confirmed the same by their corporall oathes : the copies of which oathes and instrument you shall finde in foxes acts and monuments vol. 2. fol. 1203. and fol. 1210. & 1211. of the edition of iohn day , an. 1570. and this was semblably the ground of a following statute 35. h. 8. c. 1. wherein another oath was devised and ratified , to be imposed upon the subject , for the more cleare asserting of the kings supremacy , and the utter exclusion of the popes for ever ; which statutes though they were all repealed by one act of parliament 1. & 2. of phil. & mary c. 8. yet they were brought in force againe 1. eliz. c. 1. save that the name of supreme head was changed unto that of the supreme governour , and certaine clauses altered in the oath of supremacy . where ( by the way ) you must take notice that the statutes which concerne the kings supremacy , are not introductory of any new right , that was not in the crown before , but only declaratory of an old , as our best lawyers tell us , and the statute of the 26. of h. 8. c. 1. doth clearly intimate . so that in the ejection of the pope of rome , which was the first and greatest step towards the worke of reformation , the parliament did nothing , for ought yet appeares , but what was done before in the convocation , and did no more than fortifie the results of holy church by the addition and corroboration of the secular power . 2. of the translation of the scriptures , and permitting them to bee read in the english tongue . the second step towards the worke of reformation , ( and indeed one of the most especiall parts thereof ) was the translation of the bible into the english tongue , and the permitting all sorts of people to peruse the same , as that which visibly did tend to the discovery of the errors and corruptions in the church of rome , and the intolerable pride and tyranny of the romane prelates , upon which grounds it had beene formerly translated into english by the hand of wickliff , and after , on the spreading of luther's doctrine , by the paines of tyndall , a stout and active man in king henries daies , but not so well befreinded as the worke deserved : especially considering that it happened in such a time when many printed pamphlets did disturbe the state ( and some of them of tindals making ) which seemed to tend unto sedition and the change of government . which being remonstrated to the king , he caused divers of his bishops , together with sundry of the learnedest and most eminent divines of all the kingdome to come before him : whom he required freely and plainly to declare aswell what their opinion was of the foresaid pamphlets , as what they did thinke fit to be done concerning the translation of the bible into the english tongue ; and they upon mature advise and deliberation , unanimously condemned the aforesaid bookes of heresie and blasphemie ( no smaller crime . ) then , for translating of the scriptures into the english tongue , they agreed all with one assent , that it depended wholly on the will and pleasure of the soveraign prince , who might doe therein as he conceived to be most agreeable to his occasions ; but that with reference to the present estate of things , it was more expedient to explaine the scripture to the people by the way of sermons , then to permit it to be read promiscuously by all sorts of men : yet so that hopes were to be given unto the laity , that if they did renounce their errours , and presently deliver to the hands of his majesties officers all such bookes and bibles ( which they conceived to bee translated with great fraud and falshood ) as any of them had in keeping , his majesty would cause a true and catholick translation of it to be published in convenient time , for the use of his subjects . this was the summe and substance of the present conference , which you shall finde laid downe at large in the registers of archbishop warham . and according to this advice the king sets out a proclamation not only prohibiting the buying , reading , or translating of any the aforesaid bookes , but straitly charging all his subjects which had any of the bookes of scripture , eyther of the old testament or of the new , in the english tongue , to bring them in without delay . but for the other part , of giving hopes unto the people of a true translation , if they delivered in the false ( or that at least which was pretended to be false ) i finde no word at all in the proclamation . that was a worke reserved unto better times , or left to be sollicited by the bishops themselves , and other learned men who had given the counsell ; by whom ( indeede ) the people were kept up in hope that all should bee accomplished unto their desires . and so indeed it proved at last . for in the convocation of the yeare 1536. the authority of the pope being abrogated , and cranmer fully setled in the see of canterbury , the clergy did agree upon a forme of petition to be presented to the king , that he would graciously indulge unto his subjects of the laity the reading of the bible in the english tongue , and that a new translation of it might be forth with made for that end and purpose . according to which godly motion , his majesty did not only give order for a new translation , which afterwards he authorized to be read both in publique and private ; but in the interim he permitted cromwell his vicar-generall to set out an injunction for providing the whole bible both in latine and english , after the translation then in use , ( which was call'd commonly by the name of matthew's bible , but was indeede no other , than that of tyndall somewhat altered ) to be kept in every parish church throughout the kingdome , for every one that would to repaire unto , and caused this marke or character of authority to be set upon them in red letters set forth with the kings most gracious licence , which you may see in fox his acts & monum. p. 1248. & 1363 ▪ afterwards , when the new translation so often promised , and so long expected , was complete and finished , printed at london by the kings authority , and countenanced by a grave and pious preface of archbishop cranmer ; the king sets out a proclamation dated may . 6. an. 1541. commanding all the curates and parishioners throughout the kingdome , who were not already furnished with bibles so authorized and translated as before is said , to provide themselves before alhallowtide next following , and to cause the bibles so provided to be placed conveniently in their severall and respective churches ; straitly requiring all his bishops and other ordinaries to take speciall care , to see his said commands put in execution . and therewithall came out instructions from the king to be published by the clergy in their severall parishes , the better to possesse the people with the kings good affection towards them in suffering them to have the benefit of such heavenly treasure ; and to direct them in a course by which they might enjoy the same to their greater comfort , the reformation of their lives , and the peace and quiet of the church . which proclamation and instructions are still preserved in that most admirable treasury of sir robert cotton . and unto these commands of so great a prince , both bishops , priests and people did apply themselves with such cheerefull reverence , that bonner ( even that bloody butcher , as he after proved ) caused sixe of them to be chayned in severall places of saint paul's church in london , for all that were so well inclined to resort unto , for their edification and instruction , the booke being very chargeable , because very large ; and therefore called commonly ( for distinctions sake ) the bible of the greater volume . thus have we seene the scriptures faithfully translated into the english tongue , the bible publickly set up in all parish-churches , that ev'ry one wch would might peruse the same , and leave permitted to all people to buy them for their private uses , and reade them to themselves , or before their families , and all this brought about by no other meanes than by the kings authority ▪ only grounded on the advice and judgement of the convocation . but long it was not i confesse , before the parliament put in for a share , and claimed some interest in the worke ; but whether for the better or the worse ▪ i leave you to judge . for in the yeare 1542 , the king being then in agitation of a league with charles the emperour , he caused a complaint to be made unto him in his court of parliament that the liberty granted to the people in having in their hands the bookes of the old and new testament , had beene much abused by many false glosses and interpretations which were made upon them , tending to the seducing of the people , especially of the younger sort , and the raysing of sedition within the realme . and thereupon it was enacted by the authority of the parliament ( on whom he was content to cast the envy of an act so contrary to his former gracious proclamations ) that all manner of bookes of the old and new testament of the crafty , false , and untrue translation of tyndall , be forthwith abolished , and forbidden to be used and kept . as also , that all other bibles not being of tyndalls translation in which were found any preambles or annotations , other than the quotations or summaries of the chapters , should be purged of the said preambles and annotations , eyther by cutting them out , or blotting them in such wise that they might not be perceived or read . and finally that the bible be not read openly in any church , but by the leave of the king or of the ordinary of the place ; nor privately by any women , artificers , prentices , iourneymen , husbandmen , labourers , or by any of the servants of yeomen or under , with severall paines to those who should doe the contrary . this is the substance of the statute of the 34. & 35. h. 8. cap. 1. which though it shewes that there was somewhat done in parliament , in a matter which concern'd religion ( which howsoever if you marke it , was rather the adding of the penalties , than giving any resolution or decision of the points in question ) yet i presume the papists will not use this for an argument , that we have eyther a parliament-religion , or a parliament-gospell ; or that we stand indebted to the parliament for the use of the scriptures in the english tongue , which is so principall a part of the reformation . nor did the parliament speede so prosperously in the undertakiug ( which the wise king permitted them to have an hand in for the foresaid ends ) or found so generall an obedience in it from the common people , as would have beene expected in these times , on the like occasion ; but that the king was faine to quicken and give life to the acts thereof by his proclamatiom . an. 1546. which you shall find in fox his booke . fol. 1427. to drive this nayle a little farther . the terror of this statute dying with h. 8. or being repealed by that of k. e. 6. 1 e. 6. c. 12. the bible was againe made publique ; and not only suffered to be read by particular persons , either privately , or in the church ; but ordered to be read over yearely in the congregation , as a part of the liturgy , or divine service ; which how farre it relates to the court of parliament we shall see anon . but for the publishing thereof in print for the use of the people , for the comfort and edification of private persons , that was done only by the king , at least in his name , and by his authority . and so it also stood in q. elizabeths time , the translation of the bible being againe reviewed by some of the most learned bishops appointed thereunto by the queenes commission ( from whence it had the name of the bishops-bible ) and upon that review , reprinted by her sole commandement , and by her sole authority left free and open to the use of her well affected and religious subjects . nor did the parliament doe any thing in all her reigne with reference to the scriptures in the english tongue , otherwise than as the reading of them in that tongue in the congregation , is to be reckoned for a part of the english liturgy , whereof more hereafter . in the translation of them into welch or british , somewhat indeed was done which doth looke this way . it being ordered in the parliament 5. eliz. c. 28. that the b. b. of hereford , st. davids , bangor , landaffe , and st. asaph , should take care amongst them for translating the whole bible , with the booke of common ▪ prayer into the welch or british tongue , on paine of forfeiting 40 a peece , in default hereof . and to encourage them thereunto , it was enacted , that one booke of either sort being so translated and imprinted , should be provided and bought for every cathedrall church , as also for all parish churches and chappells of ease , where the said tongue is commonly used : the ministers to pay the one halfe of the price , and the parishioners the other . but then you must observe withall , that it had beene before determined in the convocation of the selfe same yeare . an. 1562. that the common-prayer of the church ought to be celebrated in a tongue which was understood by the people ( as you may see in the booke of articles of religion . art. 24. which came out that yeare ) and consequently as well in the welch or british , as in any other . and for the new translation of k. iames his time , to shew that the translation of scripture is no worke of parliament , as it was principally occasioned by some passages in the conference at hampton court without recourse unto the parliament , so was it done only by such men as the king appointed , and by his authority alone imprinted , published and imposed ; care being taken by the canon of the yeare 1603. that one of them should be provided for each severall church , at the charge of the parish . no flying in this case to an act of parliament , either to authorize the doing of it , or to impose it being done . 3. of the reformation of religion in points of doctrine . next , let us look upon the method used in former times in the reforming of the church , whether in points of doctrine , or in formes of worship , and we shall find it still the same . the clergy did the worke as to them seemed best , never advising with the parliament , but upon the post fact , and in most cases not at all . and first for doctrinals , there was but little done in king henries time but that which was acted by the clergie only in their convocations , and so commended to the people by the kings sole authority , the matter never being brought within the cognizance of the two houses of parliament . for in the yeare 1536 , being the yeare in which the popes authoritie was for ever banished , there were some articles agreed on in the convocation , and represented to the king , under the hands of all the bishops , abbats , priors , and inferiour clergy usually called unto those meetings ; the originall whereof being in sir robert cottons library i have often seene : which being approved of by the king , were forthwith published under the title of articles devised by the kings highnesse to stable christian quietnesse and unity amongst the people . in which it is to be observed , first ; that those articles make mention of 3 sacraments only , that is to say of baptisme , penance , and the sacrament of the altar . and secondly , that in the declaration of the doctrine of iustification , images , honouring of the saints departed , as also concerning many of the usuall ceremonies , and the fire of purgatory , they differ'd very much from those opinions which had beene formerly received in the church of rome , as you may partly see by that extract of them which occurres in fox his acts and monuments , vol. 2. fol. 1246. for the confirming of which booke , and recommending it to the use of the people , his majesty was pleased in the injunctions of the yeare 1536. to give command to all deanes , parsons , vicars and curats , so to open and declare in their sermons and other collations the said articles unto them which be under their cure , that they might plainly know and discerne , which of them be necessary to be beleeved and observed for their salvation , and which doe only concerne the decent and politique order of the church . and this he did upon this ground , that the said articles had beene concluded and condiscended upon by the prelates and clergy of the realme in their convocation , as appeareth in the very words of the injunction : for which see fox his acts and monuments fol. 1247. i finde not any thing in parliament which relates to this , either to countenance the worke , or to require obedience and conformity from the hands of the people . and , to say truth , neither the king nor clergy did account it necessary , but thought their owne authority sufficient to goe through with it , though certainly it was more necessary at that time then in any since , the power and reputation of the clergy being under foot , the king scarce setled in the supremacy so lately recognized unto him , and therfore the authority of the parliament of more use than afterward , in times well ballanced and established . 't is true that in some other yeares of that princes reigne , we finde some use and mention of an act of parliament , in matters which concern'd religion , but in was only in such times when the hopes of reformation were in the wane , and the worke went retrograde . for in the yeare 1539. being the 31 h. 8. when the lord cromwel's power began to decline , and the king was in a necessitie of compliance with his neighbouring princes , there passed an act of parliament commonly called the statute of the six articles ( or the whip with six stringes ) in which it was enacted . that whosoever by word or writing should preach , teach , or publish , that in the blessed sacrament of the altar , under forme of bread and wine , there is not really the naturall body and blood of our saviour jesus christ , conceived of the virgin mary , ( or affirme otherwise thereof then was maintained and taught in the church of rome ) should be adjudged an heretick , and suffer death by burning , and forfeit all his lands and goods , as in case of high treason . secondly , that whosoever should teach or preach , that the communion of the blessed sacrament in both kindes is necessary for the health of mans soule , and ought so to be ministred . thirdly , or that any man after the order of priest-hood received might marry , or contract matrimony : fourthly , or that any woman which had vowed and professed chastity , might contract marriage . fifthly , or that private masse were not lawfull and laudable , and agreeable to the word of god . or , sixthly , that auricular confession was not necessary and expedient to be used in the church of god , should suffer death , and forfeit lands and goods , as a felon . 31 of h. 8. c ▪ 14. the rigour of which terrible statute was shortly after mitigated in the said kings reigne , 32. h. 8. c , 10. and 35. of h. 8. c. 5. and the whole statute absolutely repealed by act of parliament , 1. ed. 6. c. 12. but then it is to be observed first , that this parliament of king henry the eighth , did not determine any thing in those six points of doctrine which are therein recited , but only tooke upon them to devise a course for the suppressing of the contrary opinions , by adding by the secular power , the punishment of death , and forfeiture of lands and goods , unto the censures of the church , which were grown weake , if not invalid ; and consequently , by degrees became neglected ever since the said king henry tooke the headship on him , and exercised the same by a lay vicar-generall . and secondly , you must observe that it appeareth evidently by the act it selfe , that at the same time the king had called a synod and convocation of all the archbishoppes , bishoppes , and other learned men of the clergy , that the articles were first deliberately and advisedly debated , argued and reasoned by the said archbishops , bishops , and other learned men of the clergy , and their opinions in the same declared and made knowne , before the matter came in parliament , and finally that being brought into the parliament , there was not any thing declared and passed as doctrinall , but by the assent of the lords spirituall , and other learned men of the convocation , as by the act it selfe doth at large appeare . finally , whatsoever may be drawne from hence , can be only this , that king henry did make use of his court of parliament for the establishing and confirming of some points of popery , which seemed to be in danger of a reformation . and this compared with the statute of the 34. & 35. prohibiting the reading of the bible by most sorts of people , doth clearely shew that the parliaments of those times did rather hinder and retard the worke of reformation , in some especiall parts thereof , than give any furtherance to the same . but to proceede . there was another point of reformation begunne in the lord cromwel's time , but not produced , nor brought unto perfection till after his decease , and then too , not without the midwifery of an act of parliament . for in the yeare 1537. the bishops and others of the clergy of the convocation , had composed a booke entituled the institution of a christian man , which being subscribed by all their hands , was by them presented to the king , by his most excellent judgement to be allowed of , or condemned . this booke , conteyning the cheife heads of christian religion , was forth with printed , and exposed to publique view . but some things not being clearely explicated , or otherwise subject to exception , he caused it to be reviewed , and to that end ; as supreme head , on earth , of the church of england ( i speake the very words of the act of parliament . 32. h. 8 ▪ c. 26. ) appointed the archbishops and bishops of both provinces , and also a great number of the best learned , honestest , and most virtuous sort of the doctors in divinity , men of discretion , judgement , and good disposition , to be called together , to the intent that according to the very gospell and law of god , without any partiall respect or affection to the papisticall sort , or any other sect or sects whatsoever , they should declare , by writing , and publish , as well the principall articles and points of our faith and beleife ; with the declaration , true understanding and observation of such other expedient points , as by them , with his grace's advise , counsaile and consent , shall be thought needfull and expedient : as also for the lawfull rites , ceremonies , and observation of gods service within this realme . this was in the yeare 1540. at what time the parliament was also sitting , of which the king was pleased to make this especiall use , that whereas the worke which was in hand ( i use againe the words of the statute ) required ripe and mature deliberation , and was not rashly to be defined and set forth , and so not fit to be restrained to the present session : an act was passed to this effect , that all determinations , declarations , decrees , definitions and ordinances , as according to god's word and christs gospell should at any time hereafter be set forth by the said archbishops and bishops , and doctors in divinity , now appointed , or hereafter to be appointed by his royall majesty , or else by the whole clergy of england , in and upon the matter of christ's religion , and the christian faith , and the lawfull rites , ceremonies , and observations of the same , by his majesties advice and confirmation under the great seale of england , shall be by all his graces subjects fully beleeved , obeyed , observed and performed to all purposes and intents , upon the paines and penalties therein to be comprized , as if the same had beene in expresse words and sentences plainly and fully made , set forth , declared and conteined in the said act. 32. of h. 8. c , 26. where note that the two houses of parliament were so farre from medling in the matter which was then in hand , that they did not so much as require to see the determinations and decrees of those learned men whom his majesty had then assembled , before they passed the present act to binde the subject fully to beleeve , observe and performe the same ; but left it wholly to the judgement and discretion of the king and clergy , and trusted them besides with the ordaining and inflicting of such paines and penalties on disobedient and unconformable persons , as to them seemed meete . this ground worke laid , the worke went forwards in good order , and at last being brought unto as much perfection as the said archbishops , bishops , and other learned men could give it , without the cooperation and concurrence of the royall assent , it was presented once againe to the king's consideration , who very carefully perused it , and alterd many things with his owne hand , as appeareth by the booke it selfe still extant in the famous library of sir robert cotton , and having so altered and corrected it in some passages , returned it to the arcbishop of canterbury , who bestowed some further paines upon it , to the end that being to come forth in the kings name , and by his authority , there should be nothing in the same which might be justly reprehended . the businesse being in this forwardnesse , the king declares in parliament , an. 1544. being the 34 yeare of his reigne his zeale and care , not only to suppresse all such bookes and writings as were noysom and pestilent , and tended to the seducing of his subjects : but also to ordaine and establish a certaine forme of pure and sincere teaching , agreeable to gods word , and the true doctrine of the catholick and apostolick church , whereunto men may have recourse for the decision of some such controversies , as have in times past , & yet doe happen to arise . and for a preparatory thereunto , that so it might come forth with the greater credit , he caused an act to passe in parliament for the abolishing of all bookes and writings comprizing any matters of christian religion , contrary to that doctrine which since the yeare 1540. is ▪ or any time during the kings life , shall be set forth by his highnesse , and for the punishment of all such ( and that too with most grievous paines ) which should preach , teach , mainteine or defend any matter or thing contrary to the booke of doctrine which was then in readinesse 34.35 . h. 8. c. 1. which done he caused the said booke to be imprinted in the yeare next following , under the title of a necessary doctrine for all sorts of people ; prefixing a preface thereto in his owne royall name , to all his faithfull and loving subjects , that they might know the better in those dangerous times , what to beleeve in point of doctrine , and how they were to carry and behave themselves in point of practice . which statute , as it is the greatest evidence which those times afford , to shew , that both , or either of the houses of parliament had any thing to doe in matters which concern'd religion ; so it entitles them to no more ( if at all to any thing ) then that they did make way to a booke of doctrine which was before digested by the clergy only , revised after and corrected by the kings owne hand , and finally perused and perfected by the metropolitan . and more than so ( besides , that being but one swallowe , it can make no summer ) it is acknowledged and confessed in the act it selfe ( if poulton understand it rightly in his abridgement ) that recourse must be had to the catholick and apostolick church , for the decision of controversies . which as it gives the clergy the decisive power , so it left nothing to the houses but to assist and ayde them with the temporall sword , when the spirituall word could not doe the deede , the point thereof being blunted , and the edge abated . next let us looke upon the time of king ed. 6. and we shall find the articles and doctrine of the church ( excepting such as were conteined in the booke of common-prayer ) to be composed , confirmed and setled in no other way than by the clergy only in their convocation , the kings authority cooperating and concurring with them . for , in the synod held in london an. 1552. the clergy did compose and agree upon a booke of articles , conteining the chiefe heads of the christian faith , especially with referrence to such points of controversie as were in difference betweene the reformators of the church of england , and the church of rome , and other opponents whatsoever ; which after were approved and published by the kings authority . they were in number 41 , and were published by this following title , that is to say , articuli de quibus in synodo london , an. 1552. ad tollendum opinionum dissentionem , et consensum verae religionis firmandum , inter episcopos & alios eruditos viros convenerat , regia authoritate in lucem editi . and , it is worth our observation , that though the parliament was held at the very time , and that the parliament passed severall acts which concerned church-matters , as viz. an act for uniformity of divine service , and for the confirmation of the booke of ordination , 5. & 6. ed. 6. c. 1. an act declaring which daies only shall be kept for holy-dayes , and which for fasting dayes , c. 3. an act against striking or drawing weapon either in the church , or church-yard ▪ c. 4. and finally another act for the legitimating of the marriages of priests and ministers , c. 12. yet neither in this parliament , nor in that which followed , is there so much as the least syllable which reflects this way , or medleth any thing at all with the booke of articles . where , by the way , if you behold the lawfullnesse of priests marriages as a matter doctrinall , or thinke we owe that point of doctrine , and the indulgence granted to the clergy in it , to the care and goodnesse of the parliament , you may please to know , that the point had beene before determined in the convocation , and stands determined by and for the clergy in the 31. of those articles , and that the parliament looked not on it as a point of doctrine , but as it was a matter practicall , conducing to the benefit and improvement of the common-wealth . or if it did , yet was the statute built on no other ground-worke , than the resolution of the clergy , the marriage of priests being before determined to be most lawfull ( i use the very words of the act it selfe ) and according to the word of god , by the learned clergy of this realm in their convocations , as well by the common assent , as by subscription of their hands . 5.6 ▪ ed ▪ 6. c. 12. and , for the time of q. elizabeth , it is most manifest that they had no other body of doctrine in the first part of her reigne , then only the said articles of k. edward's booke , and that which was delivered in the booke of homilies of the said kings time ; in which the parliament had as little to doe , as you have seene they had in the booke of articles . but in the convocation of the yeare 1562. being the fifth of the queenes reigne , the bishops and clergy taking into consideration the said booke of articles , and altering what they thought most fitting , to make it more conducible to the use of the church , and the edification of the people , presented it unto the queene , who caused it to be published with this name and title , viz. articles whereupon it was agreed by the archbishops and bishops of both provinces and the whole clergy in the convocation holden at london an. 1562. for the avoiding of diversitie of opinions , and for establishing of consent touching true religion , put forth by the queenes authority . of any thing done or pretended to be done by the power of parliament , either in the way of approbation , or of confirmation , not one word occurres either in any of the printed bookes , or their publique registers . at last indeed in the thirteenth of the said queenes reigne ( which was eight yeares full after the passing of those articles ) comes out a statute for the redressing of disorders in the ministers of holy church ; in which it was enacted . that all such as were ordeined priests or ministers of god's word and sacraments , after any other forme than that appointed to be used in the church of england ; all such as were to be ordeined , or permitted to preach , or to be instituted into any benefice with cure of soules , should publiquely subscribe to the said articles , and testifie their assent unto them : which shewes ( if you observe it well ) that though the parliament did well allow of and approve the said booke of articles , yet the said booke owes neither confirmation nor authority to the act of parliament . so that the wonder is the greater , that that most insolent scoffe which is put upon us by the church of rome , in calling our religion by the name parliamentaria religio , should passe so long without controle , unlesse perhaps it was in reference to our formes of worship , of which i am to speake in the next place . but first we must make answere unto some objections which are made against us , both from law and practise . for practise , first it is alleaged by some out of bishop iewell , in his answere to the cavill of dr. harding , to be no strange matter to see ecclesiasticall causes debated in parliament ; and that it is apparent by the lawes of k. inas , k. alfred , k. edward , &c. that our godly forefathers the princes and peeres of this realme , never vouchsafed to treate of matters touching the common state , before all controversies of religion , and causes ecclesiasticall had beene concluded . def. of the apol. pt. 6. c. 2. § . 1. but the answere unto this is easy . for first , if our religion may be called parliamentarian , because it hath received confirmation and debate in parliament , then the religion of our forefathers , even papistry it selfe ( concerning which so many acts of parliament were made in k. henry 8. and q. maries time ) must be called parliamentarian also . and secondly , it is most certaine , that in the parliaments or common councels ( call them which you will ) both of king inas time , and the rest of the saxon kings which bishop iewell speakes of , not only bishops , abbats , and the higher part of the clergy , but the whole body of the clergy generally had their votes and suffrages , eyther in person or by proxy . concerning which , take this for the leading case , that in the parliament or common councell in k. ethelbert's time , who first of all the saxon kings received the gospell , the clergy were convened in as full a manner , as the lay subjects of that prince ▪ convocato cōmuni concilio tam cleri , quàm populi , saith sr. h. spelman in his collection of the councels . an. 605. p. 118. and for the parliament of king ina which leades the way in bishop iewell , it was ( saith the same sr. h. spelman p. 630. commune concilium episcoporum , procerum , comitum , necnon omnium sapientum , seniorum , populorumque totius regni ; where doubtlesse sapientes and seniores ( and you know what seniores signifieth in the ecclesiasticall notion ) must be some body else then those which after are expressed by the name of populi , which shewes the falshood and absurdity of the collection made by master prynne , that in the epistle to his booke against doctor cousins , viz. that the parliament ( as it is now constituted ) hath an ancient , genuine , just and lawfull prerogative , to establish true religion in our church , and to abolish and suppresse all false , new , and counterfeit doctrines whatsoever : unlesse he meanes , upon the post-fact , after the church hath done her part , in determining wh●t was true , what false ; what new , what ancient ; and finally what doctrines might be counted counterfeit , and what sincere . and as for law , 't is true indeed , that by the statute 1 eliz. cap. 1. the court of parliament hath pawer to determine and judge of heresie ; which at first sight seemes somewhat strange , but on the second view , you will easily finde that this relates only to new and emergent heresies , not formerly declared for such in any of the first foure generall councells , nor in any other generall councell adjudging by expresse words of holy scripture ; as also that in such new heresies , the following words restraine this power to the assent of the clergy in their convocation , as being best able to instruct the parliament what they are to doe , and where they are to make use of the secular sword for cutting off a desperat heretick from the church of christ , or rather from the body of all christian people . 4. of the formes of worship . this rub removed , we now proceed unto a view of such formes of worship as have beene setled in this church , since the first dawning of the day of reformation ; in which our parliaments have indeed done somewhat , though it be not much . the first point which was altered in the publique liturgies , was that the creed , the pater-noster , and the ten commandements , were ordered to be said in the english tongue , to the intent the people might be perfect in them , and learn them without book , as our phrase is . the next ; the setting forth and using of the english letanie , on such daies and times , in which it was accustomably to be read as a part of the service . but neither of these two was done by parliament , nay ( to say truth ) the parliament did nothing in them . all which was done in eyther of them , was only by the kings authority , by virtue of the head ship or supremacy which was vested in him , eyther cooperating and concurring with his convocation , or else directed and assisted by such learned prelates , with whom he did advise in matters which concern'd the church , and did relate to reformation . by virtue of which head-ship or supremacy he ordained the first , and to that end caused certain articles or injunctions to be published by the lord cromwell , then his vicar-generall . an. 1536. and by the same did he give order for the second , i meane , for the saying of the letany in the english tongue , by his own royall proclamation . an. 1545. for which , consult the acts & mon. fol. 1248. 1312. but these were only preparations to a greater worke which was reserved unto the times of king ed. 6. in the beginning of whose reigne there passed a statute for the administring the sacrament in both kindes to any person that should devoutly and humbly desire the same . 1 ed. 6. cap. 1. in which it is to be observed , that though the statute doe declare , that the ministring of the same in both kinds to the people was more agreeable to the first institution of the said sacrament , and to the common usage of the primitive times . yet mr. fox assures us ( and we may take his word ) that they did build that declaration , and consequently the act which was raised upon it , upon the iudgement and opinion of the best learned men , whose resolution and advise they followed in it . fol. 1489. and for the forme by which the said most blessed sacrament was to be so delivered to the common people , it was commended to the care of the most grave and learned bishops , and others , assembled by the king at his castle of windsor ; who upon long , wise , learned and deliberate advice did finally agree ( saith fox ) upon one godly and uniform order for receiving the same , according to the right rule of scriptures , and the first use of the primitive church . fol. 1491. which order , as it was set forth in print . an. 1548. with a proclamation in the name of the king , to give authority thereunto amongst the people , so was it recommended by especiall letters writ unto every bishop severally from the lords of the counsell , to see the same put in execution ; a copy of which letters you may find in fox . fol. 1491. as afore is said . hitherto nothing done by parliament in the formes of worship , but in the following yeare there was . for the protector and the rest of the kings counsell being fully bent for a reformation , thought it expedient that one uniform , quiet and godly order should be had throughout the realm , for officiating god's divine service . and to that end ( i use the very words of the act it selfe ) appointed the archbishop of canterbury , and certain of the most learned and discreet bishops , and other learned men of the realm to meet together , requiring them , that having as well eye and respect to the most pure and sincere christian religion taught in scriptures , as to the usages in the primitive church , they should draw and make one convenient and meet order , rite and fashion of common prayer , and administration of sacraments to be had and used in this his majesties realm of england . well , what did they being thus assembled ? that the statute tells us : where it is said , that by the ayd of the holy ghost ( i pray you marke this well ) and with one uniform agreement they did conclude upon and set forth an order , which they delivered to the kings highnesse , in a book entituled , the booke of common-prayer and administration of the sacraments , and other rites and ceremonies of the church , after the use of the church of england . all this was done before the parliament did any thing . but what was done by them at last ? why first , considering the most godly travaile of the kings highnesse , and the lord protector and others of his highnesse counsell , in gathering together the said bishops and learned men . secondly , the godly prayers , orders , rites and ceremonies in the said book mentioned . thirdly , the motives and inducements which inclined the aforesaid learned men to alter those things which were altered , and to reteine those which were reteined ; and finally , taking into consideration the honour of god , and the great quietnesse which by the grace of god would ensue upon it ; they gave his majesty most hearty and lowely thanks for the same , and most humbly prayed him that it might be ordeined by his majesty , with the assent of the lords and commons assembled in parliament , and by authority of the same , that the said form of common-prayer and none other , after the feast of pentecost next following , should be used in all this majesties dominions with severall penalties to such , as either should deprave or neglect the same . 2. & 3. ed. 6. cap. 1. so far the very words of the act it selfe . by which it evidently appeareth that the two houses of parliament did nothing in the present businesse , but impose that form upon the people , which by the learned and religious clergie men ( whom the king appointed thereunto ) was agreed upon , and made it penall unto such as eyther should deprave the same , or neglect to use it . and thus doth poulton ( no meane lawyer ) understand the statute , who therfore gives no other title to it in his abridgement published in the yeare 1612 ▪ than this the penalty for not using uniformity of service , and ministration of the sacraments . so then , the making of one uniform order of celebrating divine service , was the worke of the clergy , the making of the penalties , was the worke of the parliament . and so much for the first liturgy of king edwards reigne ; in which you see how little was done by the authority or power of parliament , so little , that if it had beene lesse , it had been just nothing . but some exceptions being taken against the liturgy by some of the preciser sort at home , and by calvin abroad , the book was brought under a review : and though it had been framed at first ( if the parliament which said so erred not ) by the ayd of the holy ghost himself , yet to comply with the curiositie of the ministers , and mistakes of the people , rather then for any other weighty cause , as the statute 5. & 6. ed. 6. cap. 1. it was thought expedient by the king , with the assent of the lords and commons in parliament assembled , that the said order of common-service should be faithfully and godly perused , explained and made fully perfect . perused and explained ; by whom ? why , questionlesse by those who made it ; or else , by those ( if they were not the same men ) who were appointed by the king to draw up , and compose a form of ordination for the use of the church . and this assent of theirs ( for it was no more ) was the only part that was ever acted by the parliament , in matter of this present nature , save that a statute passed in the former parliament , 3. & 4. ed. 6. c. 12. unto this effect , that such form and manner of making and consecrating archbishops , bishops , priests , deacons and other ministers of the church ( which before i spake of ) as by six prelates , and six other men of this realm , learned in gods lawes , by the king to be appointed and assigned , shall be devised for that purpose , and set forth under the great seale , shall be lawfully used and exercised , and none other . where note , that the king only was to nominate and appoint the men , the bishops and other learned men were to make the book , & that the parliament in a blinde obedience , or at the least upon a charitable confidence in the integrity of the men so nominated , did confirm that book , before any of their members had ever seene it , though afterwards indeed , in the following parliament , this book , together with the book of common-prayer , so printed and explained , retained a more formall confirmation , as to the use thereof throughout the kingdome , but in no other respect , for which see the statute 5. & 6. ed. 6. c. 1. [ as for the time of q. elizabeth , when the common prayer book now in use ( being the same almost with the last of king edward ) was to be brought again into the church , from whence it was cast out in q. maries reigne ; it was committed to the care of some learned men , that is to say , to master whitehead ( once chaplain to q. anne bullen ) doctor parker , after archbishop of canterbury , d. grindall after bishop of london , d. coxe after bishop of ely , d. pilkinton after bishop of durham , d. may deane of s. paules , d. bill provost of eaton , after deane of westminster , and sr. tho. smith . by whom being alter'd in some few passages which the statute points to 1 eliz. cap. 21. it was presented to the parliament , and by the parliament received and established without more adoe , or troubling any committee of both or either houses to consider of it , for ought appeares in their records . all that the parliament did in it ; being to put it into the condition in which it stood before in king ed. reigne , partly by repealing the repeale of king ed. statutes , made in the 1 of q. mary cap. 2. and partly by the adding of some farther penalties on such as did deprave the book , or neglect to use it , or wilfully did absent themselves from their parish-churches . and for the alterations made therein in king iames his time , being small and in the rubrick only , and for the additions of the thanksgivings at the end of the letany , the prayer for the queen and the royall issue , and the doctrine of the sacraments at the end of the catechisme , which were not in the book before ; they were never referred unto the parliament , but were done only by authority of the kings commission , and stand in force by virtue only of his proclamation , which you may find before the book , the charge of buying the said book so explained and altered , being layd upon the severall and respective parishes , by no other authority than that of of the eightieth canon , made in convocation . an. 1603. the like may also be affirmed of the formes of prayer for the inauguration day of our kings and queenes , the prayer-books for the fifth of november , and the fifth of august , and those which have beene used in all publique fasts : all which , without the help of parliaments , have been composed by the bishops , and imposed by the king . now unto this discourse of the formes of worship , i shall subjoyn a word or two of the times of worship , that is to say , the holy daies observed in the church of england ; and so observed , that they doe owe that observation cheifely to the churches power . for whereas it was found in the former times that the number of the holy daies was grown so great , that they became a burden to the common people , and a great hindrance to the thrift and manufactures of the kingdome ; there was a canon made in the convocation . an. 1536 , for cutting off of many superstitious and superfluous holy daies , and the reducing them unto the number in which now they stand ( save that st. georges day , and mary magdalens day , and all the festivals of the blessed virgin had their place amongst them ) according to which canon , there went out a monitory from the archibishop of canterbury to all the suffragans of his province , respectively to see the same observed in their severall diocesses , which is still extant on record . but being the authority of the church was then in the wane , it was thought necessary to confirm their acts , and see execution done upon it by the kings injunction : which did accordingly come forth with this form or preamble , that the abolishing of the said holy daies was decreed , ordained and established by the kings highnesse authority , as supreme head in earth of the church of england , with the common consent and assent of the prelates and clergy of this his realm , in convocation lawfully assembled and congregate , of which see fox his acts and monuments fol. 1246.1247 . afterwards in the yeare 1541. the king perceiving with what difficulty the people were induced to leave off those holy daies , to which they had been so long accustomed , published his proclamation of the twenty third of iuly , for the abolishing of such holy daies ( amongst other things ) as were prohibited before by his injunctions : both built upon the same foundation , namely , the resolution of the clergy in their convocation . and so it stood untill the reigne of king e. 6. at what time the reformation of the publique liturgy drew after it by consequence an alteration in the present businesse , no daies being to be kept or accounted holy , but those for which the church had set apart a peculiar office , and not all those neither . for , whereas there are severall and peculiar offices for the day of the conversion of saint paul , and the day of st. barnabas the apostles ; neither of these are kept as holy daies , nor reckoned or esteemed as such in the act of parliament , wherein the names and number of the holy daies is precisely specified , which makes some think the act of parliament to have had an over-ruling power on the common-prayer book ; but it is not so , there being a specification of the holy daies in the book it selfe , with this direction , these to be observed for holy daies and none other ; in which the feasts of the conversion of st. paul , and the apostle barnabas are omitted plainly , and upon which specification the stat. 5. & 6. ed. 6. cap. 3. which concerns the holy daies seemes most exprestly to be built . and for the offices on those daies in the common-prayer book , you may please to know that every holy-day consisteth of two speciall parts , that is to say , rest , or cessation from bodily labour , and celebration of diuine or religious duties ; and that the dayes before remembred are so far kept holy , as to have still their proper and peculiar offices , which is observed in all the cathedralls of this kingdome , and the chappels royall , where the service is read every day ; and in most parish churches also as oft as eyther of them fals upon a sunday , though the people be not on those daies enjoyned to rest from bodily labour , no more then on the coronation day , or the fifth of november , which yet are reckoned by the people for a kind of holy daies . put all which hath been said together , and the summe is this , that the proceedings of this church in the reformation were not meerly regall , ( as it is objected by some puritans ) much lesse that they were parliamentarian in so great a work , as the papists falsely charge upon us , the parliaments for the most part doing little in it , but that they were directed in a justifiable way , the worke being done synodically , by the clergie only , according to the usage of the primitive times , the king concurring with them , and corroborating what they had resolved on , eyther by his own single act in his letters patent , proclamations and injunctions , or by some publique act of state , as in times , and by acts of parliament , 5. of the power of making canons for the well ordering of the clergy , and the directing of the people in the publique duties of religion . we are now come to the last part of this designe , unto the power of making canons , in which the parliament of england have had lesse to doe than in eyther of the other which are gone before . concerning which i must desire you to remember , that the clergy , who had power before to make such canons and constitutions in their convocations as to them seemed meet , promised the king in verbo sacerdotii , not to enact or execute any new canons , but by his majesties royall assent , and by his authority first obteined in that behalfe : which is thus briefly touched upon in the antiq. britan. in the life of william warham archbishop of canterbury . clerus in verbo sacerdotii fidem regi dedit , ne ullas deinceps in synodo ferrent ecclesiasticas leges , nisi & synodus authoritate regiâ congregata , & constitutiones in synodis publicatae eadem authoritate ratae essent . upon which ground i doubt not but i might securely raise this proposition , that whatsoever the clergy did , or might doe lawfully before the act of submission , in their convocation , of their owne power , without the kings authority and consent concurring , the same they can , and may doe still , since the said act of their submission ; the kings authority and consent cooperating with them in their counsailes , and giving confirmation to their constitutions . further , it doth appeare by the aforesaid act. 25. h. 8. c. 19. that all such canons , constitutions , ordinances , and synodalls provinciall , as were made before the said submission , which be not contrariant nor repugnant to the lawes , statutes , and customes of this realm , nor to the damage or hurt of the kings prerogative royall , were to be used and executed as in former times . and by the statute 26. h. 8. c. 1. of the kings supremacy , that ( according to the recognition made in convocation ) our said soveraigne lord , his heires and successors kings of this realm , shall have full power and authority from time to time , to visit , represse , reform , order , correct , &c. all such errors , heresies , abuses , offences , contempts , and enormities whatsoever they be , &c. as may be most to the pleasure of almighty god , the increase of virtue in christs religion , and for the peace , unity and tranquillity of this realm , and the confirmation of the same . so that you see these severall waies of ordering matters for the publique weale and governance of the church ; first , by such ancient canons and constitutions , as being made in former times , are still in force . secondly , by such new canons as are , or shall be made in convocation , with and by the kings consent . and thirdly , by the sole authority of the soveraigne prince , according to the precedents laid down in the book of god , and the best ages of the church . concerning which you must remember what was said before , viz. that the statutes which concern the kings supremacy , are declaratory of an old power only , not introductory of a new ; which said , we shall the better see whether the parliament have had any thing to doe either in making canons , or prescribing orders for the regulating of spirituall and ecclesiasticall matters , and unto whom the same doth of right belong according to the lawes of the realm of england . and first , king henry being restored to his head-ship or supremacy ( call it which you will ) did not conceive himself so absolute in it ( though at first much enamor'd of it ) as not some times to take his convocation with him , but at all times to be advised by his prelates , when he had any thing to doe that concerned the church ; for which there had been no provision made by the ancient canons , grounding most times , his edicts and injunctions royall , upon their advise and resolution . for on this ground , i mean the judgement and conclusions of his convocation , did he set out the injunctions of the yeare 1536. for the abolishing of superstitious and superfluous holy daies , the exterminating of the popes authority , the publishing of the book of articles , which before we spake of num , 8. by all parsons , vicars and curats ; for preaching down the use of images , reliques , pilgrimages and superstitious miracles ; for rehearsing openly in the church , in the english tongue , the creed , the pater-noster , and the ten commandements ; for the due and reverent ministring of the sacraments and sacramentals , for providing english bibles to be set up in every church for the use of the people ; for the regular and sober life of clergy men , and the releefe of the poore . and on the other side the king proceeded some times only by the advice of his prelates , as in the injunctions of the yeare 1538. for quarterly sermons in each parish ; for admitting none to preach but men sufficiently licensed : for keeping a register book of christnings , weddings and burialls ; for the due paying of tythes , as had been accustomed : for the abolishing of the commemoration of st. tho. becket : for singing parce nobis domine , instead of ora pro nobis , and the like to these . and of this sort were the injunctions which came out in some yeares succeeding , for the taking away of images and reliques , with all the ornaments of the same : and all the monuments and writings of fained miracles , and for restraint of offering or setting up lights in any church , but only to the blessed sacrament of the altar , in which he was directed chiefly by archbishop cranmer : as also those for eating of white-meates in the time of lent , the abolishing the fast on st. marks day , and the ridiculous ( but superstitious ) sports , accustomably used on the dayes of saint clement , st. catherine and st. nicholas . all which and more was done in the said kings reigne without help of parliament . for which i shall refer you to the acts & mon. fol. 1385. 1425. 1441. the like may also be affirmed of the injunctions published in the name of k. ed. 6. an. 1547. and printed also then for the use of the subjects : and of the severall letters missive which went forth in his name , prohibiting the bearing of candles on candlemas day : of ashes in lent , and of palmes on palm-sunday : for the taking down of all the images throughout the kingdom : for administring the communion in both kinds , dated march 13. 1548. for abrogating of private masses iun. 24. 1549. for bringing in all missals , graduals , processionals , legends and ordinals , about the latter end of december of the same yeare : for taking down of altars and setting up tables instead thereof an. 1550. and the like to these : all which particulars you have in foxes book of acts & mon. in king edwards life , which whether they were done of the kings meer motion , or by advice of his counsell , or by consultation with his bishops ( for there is little left upon record of the convocations of that time , more than the articles of the yeare 1552 ) certain i am that there was nothing done , nor yet pretended to be done in all these particulars , by the authority of parliament . thus also in q. elizabeths time , before the new bishops were well setled , and the queen assured of the affections of her clergy she went that way to work in the reformation , which not only her two predecessors , but all the godly kings and princes in the iewish state , and many of the christian emperours in the primitive times had done before her , in the well ordering of the church and people committed to their care and government by almighty god . and to that end she published her injunctions an. 1559. a book of orders an. 1561. another of advertisements an. 1562. all tending unto reformation , unto the building up of the new ierusalem , with the advise no doubt of some godly prelates , as were then about her . but past all doubt , without the least concurrence of her court of parliament . but when the times were better setled , and the first difficulties of her reigne passed over , she left church-work to the disposing of church-men , who by their place and calling were most proper for it . and they being met in convocation , and thereto authorized as the lawe required , did make and publish severall books of canons , as viz. 1571. an. 1584. an. 1597. which being confirmed by the queene under the broad seale of england , were in force of lawes to all intents and purposes , which they were first made ; but being confirmed without those formall words , her heires and successors , are not binding now , but expired together with the queene . no act of parliament required to confirm them then , nor never required ever since on the like occasion . a fuller evidence whereof we cannot have , then in the canons of the yeare 1603. being the first yeare of king iames , made by the clergy only in the convocation , and confirmed only by the king . for , though the old canons were in force , which had been made before the submission of the clergy as before i shewed you , which served in all these wavering and unsetled times for the perpetuall standing rule of the churches government ; yet many new emergent cases did require new rules , and whilest there is a possibility of mali mores , there will be a necessity of bonae leges . now in the confirmation of these canons we shall find it thus , that the clergy being met in their convocation according to the tenour and effect of his majesties writ , his majesty was pleased by virtue of his prerogative royall and supreme authority in causes ecclesiasticall , to give and grant unto them by his letters patents dated apr. 12. & iun. 25. full , free , and lawfull liberty , licence , power , and authority , to confer , treate , debate , consider , consult , and agree upon such canons , orders , ordinances , and constitutions , as they should think necessary , fit , and convenient , for the honour and service of almighty god , the good and quiet of the church , and the better government thereof from time to time , &c. to be kept by all persons within this realm , as far as lawfully , being members of the church , it may concern them : which being agreed on by the clergy , and by them presented to the king , humbly requiring him to give his royall assent unto them , according to the statute made in the 25. of k. h. 8. and by his majesties prerogative and supreme authority in ecclesiasticall causes , to ratifie and confirm the same : his majesty was graciously pleased to confirm and ratifie them by his letters patents , for himselfe , his heires and lawfull successours ; straitly commanding and requiring all his loving subjects , diligently to observe , execute and keep the same in all points , wherein they doe or may concern all or any of them . no running to the parliament to confirm these canons , nor any question made till this present , by temperate and knowing men , that there wanted any act for their confirmation , which the lawe could give them . but against this , and all which hath been said before , it will be objected , that being the bishops of the church are fully and wholly parliamentarian , and have no more authority and jurisdiction , nisi a parliamentis derivatam , but that which is conferred upon them by the power of parliaments , as both sanders and schultingius doe expresly say ; whatsoever they shall doe or conclude upon , either in convocation , or in private conferences , may be called parliamentarian also . and this last calumny they build on the severall statutes 24. h. 8. c. 12. touching the manner of electing and consecrating archbishops and bishops . that of the 1. ed. 6. c. 2. appointing how they shall be chosen , and what seales they shall use . those of the 3 & 4 ed. 6. c. 12. and 5 & 6 ed. 6. for authorising of the book of ordination . but chiefly that of the 8 eliz. c. 1. for making good all acts since 1 eliz. in consecrating any archbishop or bishop within this realm . to give a generall answer to each severall cavill , you may please to know ; that the bishops , as they now stand in the church of england derive their calling together with their authority and power in spirituall matters , from no other hands , than those of christ and his apostles , their temporall honors and possessions , from the bounty and affection only of our kings and princes ; their ecclesiasticall jurisdiction in causes matrimoniall , testamentary and the like , for which no action lieth at the common-lawe , from continuall usage and prescription ; and owe no more unto the parliament than all sort of subjects doe besides , whose fortunes and estates have been occasionally and collaterally confirmed in parliament . and as for the particular statutes which are touched upon , that of the 24 h. 8. doth only constitute and ordain a way by which they might be chose and consecrated , without recourse to rome for a confirmation , which formerly had put the prelates to great charge and trouble : but for the form and manner of their consecration , the statute leaves it to those rites and ceremonies wherewith before it was performed ; and therefore sanders doth not stick to affirm , that all the bishops which were made in king henries dayes were lawfully and canonically ordained and consecrated , the bishops of that time , not only being taken and acknowledged in queen maries dayes , for lawfull and canonicall bishops , but called on to assist at the consecration of such other bishops ( cardinall poole himselfe for one ) as were promoted in her reigne , whereof see mason's book de minist. ang. l. 3. c.. next for the statute 1 ed. 6. cap. 2. besides that it is satisfied in part by the former answer as it relates to their canonicall consecrations , it was repealed in terminis in the first of q. maries reigne , and never stood in force nor practice to this day . that of the authorizing of the book of ordination in two severall parliaments of that king , the one a parte antè , and the other a parte pòst , as before i told you , might indeed seem somewhat to the purpose , if any thing were wanting in it which had been used in the formula's of the primitive times ; or if the book had been composed in parliament , or by parliament men , or otherwise received more authority from them , then that it might be lawfully used and exercised throughout the kingdom . but it is plain that none of these things were objected in queen maries dayes , when the papists stood most upon their points , the ordinall not being called in , because it had too much of the parliament , but because it had too little of the pope , and relished too strongly of the primitive piety . and for the statute of the 8 of q. elizabeth , which is cheifly stood on , all that was done therein was no more than this , and on this occasion . a question had been made by captious and unquiet men , and amongst the rest by dr. bonner , sometimes bishop of london , whether the bishops of those times were lawfully ordained , or not ; the reason of the doubt being this ( which i mervaile mason did not see ) because the book of ordination which was annulled and abrogated in the first of q. mary , had not been yet restored , and revived by any legall act of q. elizabeths time : which cause being brought before the parliament in the 8. yeare of her reigne , the parliament took notice first , that their not restoring of that book to the former power in termes significant and expresse , was but casus omissus ; and then declare that by the statute 5 & 6 ed. 6. it had been added to the book of common prayer , and administration of the sacraments , as a member of it , at least as an appendant to it , and therefore by the statute 1 eliz. c. 2. was restored againe together with the said book of common prayer , intentionally at the least , if not in terminis . but being the words in the said statute were not cleare enough to remove all doubts , they therefore did revive it now , and did accordingly enact , that whatsoever had been done by virtue of that ordination , should be good in lawe . this is the totall of the statute , and this shewes rather in my judgement , that the bishops of the queenes first times had too little of the parliament in them , then that they were conceived to have had too much . and so i come to your last objection which concernes the parliament , whose entertayning all occasions to manifest their power in ecclesiasticall matters , doth seem to you to make that groundles slander of the papists the more faire and plausible . 't is true indeed , that many members of both houses in these latter times , have been very ready to imbrace all businesses which are offered to them , cut of a probable hope of drawing the managery of all affaires as well ecclesiasticall as civill into their own hands : and some there are who being they cannot hope to have their fancies authorised in a regular way , doe put them upon such designes , as neither can consist with the nature of parliaments , nor the esteem and reputation of the church of christ . and this hath been a practice even as old as wicklef , who in the time of k. rich. 2. addressed his petition to the parliament ( as we reade in walsingham ) for the reformation of the clergy , the rooting out of many false and erroneous tenents , and for establishing of his own doctrines ( who though he had some wheat , had more tares by ods ) in the church of england , & lest he might be thought to have gone a way , as dangerous and unjustifiable , as it was strange and new , he laid it down for a position , that the parliament or temporall lords ( where by the way , this ascribes no authority or power at all to the house of commons ) might lawfully examine and reform the disorders and corruptions of the church , and on discovery of the errors and corruptions of it , devest her of all titles and temporall endowments , till she were reformed . but for all this , and ( more than this ) for all he was so strongly backed by the duke of lancaster , neither his petition nor his position found any welcome in the parliament , further than that it made them cast many a longing eye on the churches patrimony , or produced any other effect towards the worke of reformation , which he chiefly aymed at , then that it hath since served for a precedent to penry , pryn , and such like turbulent innovators to disturbe the church , and set on foot those dreames and dotages , which otherwise they durst not publish . and to say truth , as long as the clergy were in power , and had authority in convocation to doe what they would in matters which concern'd religion , those of the parliament conceived it neither safe nor fitting to intermeddle in such businesse as concern'd the clergy , for feare of being questioned for it at the churches barre . but when that power was lessen'd , if it were not lost , by the submission of the clergy to k. h. 8. and the act of the supremacy which ensued upon it ; then did the parliaments begin to intrench upon the church's rights , to offer at and enterteine such businesses , as formerly were held peculiar to the clergy only ; next , to dispute their charters , and reverse their priviledges , and finally to impose some hard lawes upon them : of which matt. parker thus complaines in the life of cranmer , qua ecclesiasticarum legum potestate abdicata , populus in parliamento coepit de rebus divinis inconsulto clero sancire , tum absentis cleri privilegia sensim detrahere , juraque duriora quibus clerus invitus teneretur , constituere . but these were only tentamenta , offers and undertakings only , and no more than so . neither the parliaments of k. edward , or q. elizabeths times knew what it was to make committees for religion , or thought it fit that vzzah should support the arke , though he saw it tottering . that was a worke belonging to the levites only , none of the other tribes were to meddle with it . but as the puritan faction grew more strong and active , so they applied themselves more openly to the houses of parliament , but specially to the house of commons , putting all power into their hands as well in ecclesiasticall and spirituall causes , as in matters temporall . this , amongst others , confidently affirmed by mr. prynne , in the epistle to his book called anti-arminianisme , where he averres , that all our bishops , our ministers , our sacraments , our consecration , our articles of religion , our homilies , common-prayer-book , yea and all the religion of our church , is no other way publiquely received , supported , or established amongst us , but by acts of parliament . and this not only since the time of the reformation , but that religion , and church affaires were determined , ratified , declared and ordered by act of parliament , and no wayes else , even then when popery and church-men had the greatest sway . which strange assertion falling from the pen of so great a scribe , was forthwith cheerfully received amongst our pharisees , who hoped to have the highest places , not only in the synagogue , but the court of sanhedrim , advancing the authority of parliaments to so high a pitch , that by degrees they fastned on them , both an infallibility of judgement , and an omnipotency of power . nor can it be denied ( to deale truly with you ) but that they met with many apt schollers in that house , who eyther out of a desire to bring all the grist to their own mill , or willing to enlarge the great power of parliaments by making new precedents for posteritie , or out of faction , or affection , or what else you please , began to put their rules in practise , and draw all matters whatsoever within the cognizance of that court ; in wch their embracements were at last so generall , and that humour in the house so prevalent , that one being once demanded what they did amongst them , returned this answer , that they were making a new creed : another being heard to say , that he could not be quiet in his conscience , till the holy text should be confirmed by an act of theirs , which passages if they be not true and reall ( as i have them from an honest hand ) i assure you they are bitter jests . but this , although indeed it be the sicknesse and disease of the present times , and little to the honour of the court of parliament , can be no prejudice at all to the cause of religion , or to the way and meanes of the reformation , amongst sober and discerning men : the doctrine of the church being setled , the liturgie published and confirmed , the canons authorized and executed , when no such humor was predominant , nor no such power pretended to , by both or eyther of the houses of the high court of parliament . thus , syr , according to my promise , and your expectation have i collected my remembrances , and represented them unto you in as good a fashion as my other troublesome affaires , and the distractions of the time would give me leave ; and therein made you see , if my judgement faile not , that the parliament hath done no more in matters wch concern'd religion , and the reformation of this church , then what hath formerly been done by the secular powers , in the best and happiest times of christianity ; and consequently ▪ that the clamour of the papists , which hath disturbed you , is both false and groundlesse . which if it may be serviceable to your selfe , or others , whom the like doubts and prejudices have possessed or scrupled , it is all i wish : my studies and endeavors ayming at no other end , then to doe all the service i can possibly to the church of god ; to whose graces and divine protection you are most heartily commended in our lord and saviour jesus christ . by sir your most affectionate freind to serve you . e. y. covent-garden iun. 29. 1645. a coale from the altar. or an ansvver to a letter not long since written to the vicar of gr. against the placing of the communion table at the east end of the chancell; and now of late dispersed abroad to the disturbance of the church. first sent by a iudicious and learned divine for the satisfaction of his private friend; and by him commended to the presse, for the benefit of others heylyn, peter, 1600-1662. 1636 approx. 122 kb of xml-encoded text transcribed from 42 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-05 (eebo-tcp phase 1). a03141 stc 13270.5 estc s119828 99855034 99855034 20504 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a03141) transcribed from: (early english books online ; image set 20504) images scanned from microfilm: (early english books, 1475-1640 ; 600:02) a coale from the altar. or an ansvver to a letter not long since written to the vicar of gr. against the placing of the communion table at the east end of the chancell; and now of late dispersed abroad to the disturbance of the church. first sent by a iudicious and learned divine for the satisfaction of his private friend; and by him commended to the presse, for the benefit of others heylyn, peter, 1600-1662. williams, john, 1582-1650. [4], 78 p. printed [by augustine mathewes] for robert milbourne, at the signe of the vnicorne, neere fleet-bridge, london : 1636. judicious and learned divine = peter heylyn. prints and answers a letter from john williams to the vicar of grantham. printer's name from stc. b2r catchword: "as"; h1r catchword: "forme". quires i-l are largely reimposed from stc 13270--cf. stc. identified as stc 13270a on umi microfilm. reproduction of the original in the folger shakespeare library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng williams, john, 1582-1650 -controversial literature. church of england -liturgy -controversial literature. altars -early works to 1800. 2002-08 tcp assigned for keying and markup 2002-10 aptara keyed and coded from proquest page images 2003-03 jennifer kietzman sampled and proofread 2003-03 jennifer kietzman text and markup reviewed and edited 2003-04 pfs batch review (qc) and xml conversion perlegi librum hunc cuititulus est [ a coale from the altar ; or , an answer to a letter , &c. ] in quo nihil reperio quò minùs cum utilitate publicâ imprimatur ; modò intra tres menses proximè sequentes typis mandetur . sa ▪ baker r. p. d. episc : londin : sacellanus domest . maij 5o. 1636. a coale from the altar . or , an ansvver to a letter not long since written to the vicar of gr. against the placing of the communion table at the east end of the chancell ; and now of late dispersed abroad to the disturbance of the church . first sent by a iudicious and learned divine for the satisfaction of his private friend ; and by him commended to the presse , for the benefit of others . heb. 13. 10. wee have an altar , whereof they have no right to eate , which serve the tabernacle . london , printed for robert milbovrne , at the signe of the vnicorne neere fleet-bridge . 1636. the printer to the reader . i am to advertise thee , good reader , of some certaine things , for thy better understanding of this treatise . first , that whereas thou shalt find here three severall characters , thou wouldst take notice that the roman is the words of the author ; the itali●k , matter of distinction , partly , but principally of quotation by him used ; and that the english letter doth exhibit to thee , the words and periods of the epistle , or discourse which is here confuted . secondly , that howsoever the letter by him here replyed unto , be scattered up and downe , and in divers hands ; yet because possiblie , the copie of the same hath not hitherto been seene of all , who may chance cast their eyes upon this treatise ; and partly , that the world may see , that hee hath dealt trulie with the epistoler , and not omitted any argument or autority by him produced ; the very letter it selfe is herewith printed , and bound together with it , though it bee apocrypha . last of all , i must let thee know , that whereas the acts and monuments , otherwise called the booke of martyrs , being a booke which the epistoler makes much use of , is of a different edition in the reply , from that which is so often cited in the letter ; and that there have beene many editions of the same : that which the author deales in , is the last edition , printed at london in three volumes , anno 1631. i have no more to say unto thee , but wish thee good luck in the name of the lord ; and so adieu . a coale from the altar . or , an answer to a letter , not long since written to the vicar of gr. against the placing of the communion-table at the east● end of the chancell , &c. sir , the introduction . i have read your letter , and cannot but extreamely wonder , that you should be so easilie over-weighed as i see you are . you say that you were willing once , of your owne accord , to have removed your cammunion table unto the east end of your chancell , according as it is in his majesties chappell , and generally in all collegiate and cathedrall churches : and that you had intended so to doe , had you not mett with a discourse written in way of letter , to the vicar of gr. ( and as you have taken it upon common report ) by a reverend prelate of this church ; whose arguments have so prevailed with you , that you are almost taken off from that resolution , though it be now exacted of you by your ordinarie . it seemes you are not rightly ballanced , when you can be so easily induced to change your purposes ; especially as the case now is , which requires more of your obedience , than your curiositie . and should wee all be so affected , as to demurre on the commands of our superiours , in matters of exterior order , and publicke government , till wee are satisfied in the grounds and reasons of their commandments ; or should we flie off from our duty , at sight of every new devise , that is offered to us : we should soone find a speedie dissolution , both of church and state. you know , who said it , well enough , si ubi jubeantur , quaerere singulis liceat , pereunte obsequio imperium etiam intercidit . tacit. hist. lib. 1. yet notwithstanding , since you desire , that i would give you satisfaction in the present point , by telling you both what i thinke of the discourse , which hath so swayed you ; and what may be replyed against it , in maintenance of the order now commended unto you : i will adventure on the second , if you will excuse me in the first . you say , and probably believe so too , that it was written by a reverend prelate , and indeed by some passages therein it may so bee thought ; for it is written as from a diocesan , unto a private parish priest in his jurisdiction : and then , i hope , you cannot justly be offended , if i forbeare to passe my censure upon my betters . yet so far i dare give you my opinion of it , that i am confident it can bee none of his who is pretended for the author : nor indeed any ones worthy to be advanced , i will not say unto so high a dignity in the church , but to so poore a vicarige as his was , to whom the letter was first written . nay to speake freely to you , i should least thinke it his , whom you entitle to it on uncertaine heare-sayes , of all mens else : in that he hath beene generally reported to bee of extraordinary parts in poynt of learning , and of most sincere affections unto the orders of the church ; no shew or footstep of the which , or either of them , is to be found in all that letter . and i dare boldly say , that when it comes unto his knowledge , what a poore trifling peece of worke , some men , the better to indeere the cause by so great a name , haue thus pinned upon him : hee will not rest till hee have traced this fame to the first originall ; and having found the authors of it , will conne them little thankes for so great an injurie . for my part , i should rather thinke , that it was writ by mr. cotton of boston , who meaning , one day , to take sanctuary in new england , was willing to doe some great act before his going ; that hee might be the better welcome when hee came amongst them : or by some other neighbouring zelote , whose wishes to the cause were of morestrength then his performance ; and after spread abroad of purpose , the better to di●co●n●enance that vnifor●●●y of publicke order , to which the piety of these times is so well inclined . further than this , i shall not satisfie you in your first desire ; but hope that you will satisfie your selfe with this refusall . for the next part of your request , that i should let you see ( if at least i can ) what may be said in answer unto that discourse , which hath so suddainly overswayed you ; i shall therein endeavour your satisfaction : though my discretion for so doing , may perhaps proove the second holocaust ▪ that shall be sacrificed on those altars , which are there opposed . and this i shal the rather do , because you say that the discourse or letter is now much sought after , and applauded , and scattered up and downe in severall copies : of purpose , as it were , to distract the people , and hinder that good worke which is now in hand . in answer to the which , i shall keepe my selfe unto my patterne , and to the businesse which is chiefly there insisted on : grounding my selfe especially , on the selfe same authors and autorities , which are there laid downe ; though not laid downe so truely , at least not so cleerely , as they ought to bee . nor had i here said any thing touching the preamble thereunto , but fallen directly on the maine : but that , me thinkes , i meet with somewhat , which seemes to cast a scorne upon the reverence appointed by the canon , unto the blessed name of iesus ; which the epistoler , whosoever he was , would have so performed , that they which use it , doe it humbly , and not affectedly , to procure devotion , not de●ision of the parishioners . that herbe , according as the saying is , hath spoiled all the pottage . for when the church commands , that at the name of jesus , due and lowly reverence shall be done , by all persons present , and this to testifie ( as the canon saith ) our inward humility : why should we thinke of any man who obeies the canon , that he doth rather doe it out of affectation , than affection ? rather affectedly , then humbly , as his owne phrase is . such censurers of the hearts of other men , had need be carefull of their owne . for the next caution , that those which use it , doe it to procure devotion of the people , and not derision ; it is more unseasonable : there being none , i thinke , who ever used it otherwise , then having testified their owne humility and devotion , to procure the like devotion and humility in other men : none , i dare boldly say , that did ever use it , to procure deri●ion of their parishione●● , no more then david when hee danced before the arke , intended to make sport for jeering michol . and therefore the epistoler must either meane , that doing reverence at the name of the lord jesus , is of it selfe so vaine a thing , that it must needs procure derision from the looke●s on : or else , that honest and conformable men , should rather choose to disobey the church , and the canons of it ; then by obedience to the same , incurre the censure of some few , who as they walke in the counsell of the ungodly , so doe they also sit in the seat of scorners . this said , wee will descend to those three particulars , which are insisted on in that epistolary discourse . viz. first , the having of an altar at the upper end of the quire. secondly , the placing of the table , altar-wise . lastly , the fixing of it in the quire , that so it may not bee removed into the body of the chuch : which things , the vicar , as it seemes , did both approve of , and desire , and was therein crossed , and opposed by the epistoler ; how iustly , and on what sure grounds , wee shall see in order . sect . i. and first of all he ●aith in his said letter to the vicar , that if hee should erect any such altar , his discretion would proove the onely holocaust which would bee sacrificed thereon . why so ? because he had subscribed when he came to his place , that that other oblation which the papists were wont to offer upon their altars ▪ is a blasphemous ●igment , and pernicious imposture , artic. 31. and here i cannot but observe , that there is little faire dealing to be looked for from this epistoler , that faulters thus in the beginning : there being no such clause in all that article . the article hath nothing in it , either of papists , altars , or that other oblation : which is here thrust into the text , onely to make poore men believe , that by the doctrine of the church in her publicke articles , altars and papists are meere relatives ; that so whoever talkes of altars , or placing of the table altar-wise , may be suspected presently to bee a papist , or at lea●t 〈◊〉 affected . as for that other oblation which the papists were wont to offer upon their altars , that 's said to be a plasphemous figment , and pernicious imposture ; therefore the onely holocaust remaining to bee sacrificed , the discretion of the vicar . what had he sacrificed his discretion onely , and no more then so ? the article goes further sure , for it determineth positively , that the sacrifices of masses in the which it was commonly said , that the priests did offer christ for the quick and the dead , to have remission of paine or guilt , was blasphemous fables , and pernicious deceipts . and therefore had the vicar of gr. erected or intended to erect an altar for such a sacrifice , he had not only sacrificed his discretion on it , but also his religion ; and beene no longer worthy to be called a sonne of the church of england . 〈◊〉 ●hen as sure it is , the church admits of other sacrifices and oblations , although not of those : as viz. of the sacrifice of praise and thanksgiving , heb. 13. 15. as also of the oblation of our whole selves , c●r soules and bodies , to bee a resonable , holy , and lively sacrifice to almighty god , rom. 12. 1. both which , she teacheth us to offer to him , as our bounden duty and service is , in the holy sacrament . [ prayer after the communion . ] and not so onely , but she alloweth of a commem●rative sacrifice , for a perpetuall memory of christ's precious death , of that his full , perfect , and sufficient sacrific● , oblation and satisfation for the sinnes of the whole world , to be continued till his comming againe : [ prayer of the consecration . ] when therefore it is said in the first homily of the sacrament , alleaged by the epistoler , that wee ought , to take heed lest the lords supper ( not the communion , as he laies it down ) of a memory to bee made a sacri●●ce ; it reflects not on any of the sacrifices before allowed of . the church is constant to her selfe , though her doctors are not : and thus discovers and expounds her owne intentions : w● must then take heed ( saith the homily ) lest of the memory , it be made a sacrifice ; lest of a communion , it bee made a private eating ; lest of two parts , we have but one ; lest applying it for the dead , we lose the fruit that bee alive . by which it is most manifest , that the sacrifice rejected in the homily , is that which is cryed downe in the booke of articles : which the epistoler had no reason to suspect , was ever thought on , much lesse aymed at , by the vicar of gr. though he desired to have an altar , i. e. to have the communion table placed altar-wise , at the upper end of his quire , or used the name of altar , for the holy table . for it is granted afterwards by the epistoler , that the lords table anciently was called an altar , because of the sacrifice of praise and thanksgiving : for which hee voucheth archbishop cranmer , and others ; and cites the acts and monum . pag. 1211. which is part 2. pag. 700. of my edition . 2 as for the canons of the convocation , anno 1571. out of which is alleged , that not the uicar , but the church wardens are to provide for the communion ; and that not an altar , but a faire ioyned table : its plaine they tell us no s●ch matter , or not so much unto his purpose , as he would perswade us . all that those canons say , is this , and that in plaine affirmative termes , without those negations ; aeditui curabuntmensam ex asseribus composite junctam , quae administrationi sacro sanct ae communionis inserviat ; & mundum tapetem qui illam contegat : that the church-wardens shall provide a decent joyned table for the communion , and see that it be orderly covered with an handsome carpet . and there was reason why this care ( for so much as concerned the providing of these things ) should be imposed on the church-wardens , rather than upon the minister ; viz. because the table and the carpet both , were to be fitted and provided at the charge of the parish . but the said canons doe not tell us , that the church-wardens shall provide this table , exclusively of the vicar , without his counsell ; or that they shall appoint either of what fashion it shall be , or whether it shall stand in the body of the church , or in the chancell : or whether in the chancell , it shall be placed at the upper end , like an altar ; or in the middle , like a table . for any thing those canons tell us , the vicar was to have a greater hand in ordering the said table , being so provided , then the church-wardens were , or ought to have : as one that better understood what was convenient in , and for ●ods service , than they did or could . nor did the vicar any thing in this case against the ca●on , for hee provided not the table ; nor caused any altar to be built of new ; but only caused the table , which he found provided by the church-wardens , to be disposed of to a more convenient place , than before it stood in : so that the allegation was as needlesse , as the reprehension without ground . onely it pleaseth the epistoler , to give some countenance to the vestry-doctrine of these dayes ; in which the churchwardens , and other elders of the vestry , would gladly challenge to themselves the supreame disposing of all ecclesiasticall matters in their severall parishes : leaving their minister , ( in townes corporate especially , ) to his meditations ; as if he only were intended for a looker on , a dull spectator of their active undertakings . 3 for , besides what is here ascribed to the church wardens , and denyed the vicar , or incumbent ; it followeth in the next place , save one , that uicars were never enabled to set up altars , but allowed once , with others ( i. e. the churchwardens ) to pull them downe . injunct . 1● eliz. for tables in the church . whereas indeed the 〈◊〉 , or the minister in that injunction , is the principall man , and the church-wardens , or one of them , are added for assistance only ; perhaps , because they were to beare the charges of it . for it is ordered that n● altar be taken downe , but by the over-sight of the curate of the church , and the church-wardens , or one of them at the least , wherin no riotous or disordered manner to be vsed ▪ n●t pulled downe therefore , as the epistoler hath i● , which implies 〈◊〉 or a popular fury ; but taken downe in faire and orderly manner : and that not by the church wardens , as the principall men , but by the curate chiefly , and any one of the churchwar dens , whom he pleased to chuse . it 's true indeed , the bishop of the diocesse is he to whom the ordering of these things doth of right belong ; and in the preface to the common prayer book it is so appointed . for in the said preface it i● said , that for as much as nothing almost can be so plainely set forth but doubts may arise in the vse and practise of the same : to appease all such diversities , ( if any arise ) and for the resolution of all doubts concerning the manner how to understand , doe , and execute the things contained in this booke , the parties that so doubt shall alwaies resort unto the bishop of the diocesse , &c. but then , it is as true , or at least , more fit , that he should send his resolutions to the priest , then to the parish ; the curate having taken an oath of canonicall obedience to him , which the people have not . 〈…〉 of the letter , that the church-wardens 〈…〉 other smacke of the said vestrie-doctrine : and was there placed in front to delight the people , who need , god wot , no such incouragements to contemne their parsons , being too forward in that kind of their own accord . paroc pecor stimulis — labor est inhibere vo l●ntes . 4 for the remaining passsage in this first paragraph , where it is said , that altars were removed by law , and tables placed in their steed , in all , or the most churches in england ; and for the proofe thereof , the queenes injunctions cited , as if they did affirme as much : it 's plaine , that there is no such thing in the said i●junction . the queenes injunctions an. 1559. tell us of neither all nor most ▪ as it is alleged : but only say , that in many and sundry parts of this realme , the altars in the churches were remooved , and tables placed for the administration of the holy sacrament , &c. sundry and many is not all nor most ; in my poore conceit . and it is plaine by that which followes , not only that in other places , the altars were not taken downe upon opinion of some further order to be taken in it by the queenes commissioners ; but it is ordered , that no altar shall bee taken downe , without the oversight of the curat , & one of the church wardens at the least ; and that too with great care and caution , as before is said . nay the commissioners were contented well enough , that the altars formerly erected might have still continued ; declaring , as it doth appeare by the said injunction , that the ●emoving of the altars , seemed to bee a matter of no great moment : and so it is acknowledged by this epistoler , in the following paragraph , where he confesseth it in these words , it seemes the queenes commiss●oners were content , that they ( the altars ) should stand , as wee may guesse by the iniunctions 1559. in which wee have that great advantage which tullie speakes of , con●itentem reum . the queenes commissioners , as they had good autority for what they did ; so wee may warrantably thinke , that they were men of speciall note , and able judgements . and therefore if they were contented , that the altars formerly erected should continue standing , ( as the epistoler confesseth ; ) it is a good argument , that in the first project of the reformation , neither the queene nor her commissioners disallowed of altars , or thought them any way unserviceable in a church reformed . so that for ought appeares unto the contrary , neither the article , nor the homily , nor the queenes injunctions , nor the canons of 1571. have determined any thing : but that as the lords supper may be called a sacrifice , so may the holy table be called an altar ; and consequently , set up in the place , where the altar stood . 5 now as there is alleged no canon , ordinance , or doctrine , which if examined rightly , doe declare against it ; so there is much that may be said in defence therof : and of that much we will use nothing , but that which will agree with the capacitie of the meanest man , and shall be proved by that authoritie , which the epistoler trusts to most ; in all this businesse , even the acts and monuments . to which we shall adjoyne , for our more assurance , the testimony of two acts of parliament ; one under king edward the sixth , th' other under queene elizabeth . first , for the acts and monuments , we find , that not a few of those which suffered death for their opposing of the grosse & carnall doctrine of transubstantiation , did not only well enough endure the name of altar , but without any doubt or scruple , called the lords supper , sometimes a sacrifice , and many times the sacrament of the altar . so speaks iohn fryth , secondly , they examin●d me , touching the sacrament of the altar , whether it was the very body of christ or not . act ; and monuments , part . 2. pag. 307. iohn lambert thus , as concerning th' other six sacraments , i make you the same answer , that i have done unto the sacrament of the altar , and no other , pag. 401. and in another place , christ being offered up once for all , in his owne proper person , is yet sayd to bee offered up not onely every yeare at easter , but also every day in the celebration of the sacrament ; because his oblation once for ever made , is thereby represented , pa. 435. archbishop cranmer also , though he opposed the statute of the six articles , particularly that of transubstantiation , which hee throughly canvast : yet at the phrase or terme of sacrament of the altar , hee tooke no offence , but useth it as formerly had been accustomed , pag. 443. 6. nor was it a new name taken up of late , but such as some of them acknowledge to be derived from pure antiquity ; & those too , such as liv'd and suffered , after the name of altar had bin left out of the booke of common prayer , which was last established . iohn philpott thus , that partly because it is a sacrament of that lively sacrifice , which christ offered for our sins upon the altar of the crosse ; and partly because that christs body crucified for us , was that bloody sacrifice , which the blood-shedding of all the beasts offered upon the altar in the old law did prefigurate , & signifie unto us : the old writers doe sometimes call the sacrament of the body and blood of christ , amongst other names which they ascribe thereunto , the sacrament of the altar , part. 3. pag. 23. thus bishop latimer plainely granteth , that the lords table may be called an alt●r , and that the doctors call it so in many places , though there be no propitiatory sacrifice , but onely christ , pag. 85. and lastly , bishop ridley do●h not only call it , the sacrament of the altar , affirming thus , that in the sacrament of the altar , is the naturall body and blood of christ , &c. pag. 492. but in reply unto an argument of the bishop of lincolnes , taken out of cyrill , doth resolve it thus , that the word altare , in the scripture , signifieth as well the altar whereupon the iewes were wont to offer their burnt sacrifices , as the table of the lords supper : and that s. cyrill meaneth by this word altare , not the iewish altar , but the table of the lord : and by that saying , altars are erected in christs name , ergo , christ is come ; hee meanes , that the communion is administred in his remembrance ▪ ergo , christ is come , pag. 497. which being the language of the prelates , and other learned men then living , it is no marvell , if in the parliament , 1. edw. 6. cap. 1. the same name occurre . the parliaments in matters which concerned gods service , did then use to speake , according as the church had taught them . now in that parliament , however it was resolved , that the whole communion should be restored , which in effect , was a plaine abolition of the former masse ; yet is that act which so restores it , entituled , an act against such persons as shall speake irreverently , against the sacrament of the body and blood of christ , commonly called , the sacrament of the altar ; and for the receiving thereof under both kinds . and in the body of the act , there is speciall order taken for a writt , to bee directed to the bishop of the diocesse , on such delinquencies ; where it is called expressely , sacro sanctum sacramentum altaris ; the holy sacrament of the altar . which being repealed by queene mary , in the first parliament of her reigne , because of the communion under both kinds , in the same allowed of ; was afterwards revived by queene elizabeth , both the head and body , and every branch and member of it 1. eliz . cap. 1. so that we have a sacrifice , and an altar ▪ and a sacrament of the altar , on all sides acknowledged ; neither the prince or prelates , the priest or people , dissen●ing from it : some of those termes , being further justified by the statute lawes . sect . ii. next , for the second point , the standing of the communion table , altar-wise ; the said epistoler thus declares himselfe to the vicar of gr. if you meane ( saith he ) by altar-wise , that it should stand in that place of the chancell where the altar stood ▪ i thinke somewhat may be said for because the ●njunctions 1559. did so place it . and i conceive it to bee the most decent scituation when it is not used , and for use too , where the quire is mounted up by steps , and open , so that hee that officiates may be seen and heard of all the congregation . such an one i heare your chancell is not . but if you meane by altarwise , that it should stand along close by the wall , so as you be forced to officiate at one end thereof ( as you may have observed in great mens chappels ) i doe not believe that ever the communion tables were ( otherwise than by casualty ) so placed in countrey churches . this i have laid together , as being but a preamble to the next discourse ; and rather matter of opinion and hearesay , than of proofe , reason , or authority : for it stands onely on i thinke , and i conceive , and i have heard , and i believe not ; which no man can interpret to be demonstrations . therefore to looke upon the passage , as it lyeth together , we have a plaine confession , that if by placing of the table altarwise , is meant the setting of it in that place where the altar stood ; there is then somewhat , at the least , to be said for that , because the injunctions did so place it : and next an absolute revocation of the said confession ; where it is said , that if by altarwise is meant , that it should stand along close by the wall , then hee believeth not that ever the communion table was so placed ( unlesse by causualty ) in country churches . quo teneam nodo ? this is just fast and loo●e , and i know not what ; the reconciliation of two contradictions . the queenes injunctions were set out for the ●eiglement and direction of all the churches in this kingdome , and it is said in them , that the holy table in every church shall be decently made , ( in case the altars were removed , which they left at liberty ) and set in the place where the altar stood , and there commonly covered , as thereto belongeth . if in the place where the altar stood , then certainly it must stand along clo●e by the wall , because the altars alwaies stood so : and that aswell in countrey churches , as in great mens chappels , all being equally regarded in the said injunctions , as in the preface to the same doth at full appeare . wheras in case the table were to stand with one end toward the east great window , as is after said ; it could not possibly s●and in the place where the altar did , as the injunctions have appointed : the altar taking up much roome to the north and south , which the table placed endlong doth not ta●e up ; and contrary , the table taking up much roome to the east and west , which the altar did not . however wee may take what is given us heere by the epistoler , where hee affirmes , that placing of the table where the altar stood , is the most decent scituation when it is not used , and for use too , where the quire is mounted up by steps and open , so that he that officiates may bee seene and heard of all the congregation ; and such an one , as he ●ad heard , the vica●s chancell was not . w●ether the chancell at gra : was mounted up by st●ps , or not , is no great matter . in case it were not so , it might have easily been done , without much charge : and those of gra : were the more beholding to this epistoler , for taking so much paines to save their purses . if it were mounted up by steps , and that it were most decent for the tables to be placed thereon : why not aswell along the wall , as with one end thereof to the east great window ? 2. for this , there are three reasons given us , first , because then the countrey people would suppose them , dressers , rather than tables . secondly , because the queenes commissioners for ecclesiasticall matters , directed that the ●able should stand , not where the altar , but where the steps of the altar formerly stood ▪ orders 1561. and thirdly , because the minister appointed to reade the communion , ●which hee , the vicar , out of the booke of fast 1● . of the king , was pleased , as the epistoler phraseth it , to call second service ) is directed to reade the commandements , not at the end , but at the northside of the table , which implies the end to be placed towards the east great window . rubrick before the communion . and would the people take the table , if placed altarwise , to be a ●resser , not a table ? i now perceive from whom it was that mr. prynne borrowed so unmannerly and prophane a phrase , whereof i thought him formerly to have beene the author [ l●me giles his haltings ] : and from whom also he did borrow the quotations in his appendix , against bowing at the name of jesus , the mistakes and all . ● qq . * 4. viz. rubrick for the communion . queene elizab. injunctions , [ injunc . for tables in the church ] the booke of canons , an. 1471. p. 18. i say , and the mistakes and all : for both with him , and this epist●ler , it is p. 18. whereas indeed in the old book , which was th●● meant by the epistoler , it is p. 15. which plainly shewes , out of whose quiver mr. prynne did steale those arrowes . just in that scornfull sort , doctor weston , the then deane of westminster , did in a conference at oxford with bishop latimer , call the communion tables , as in king edwards reigne they had beene placed in some churches , by the name of ●yster-boards , act. & mon. part. 3. p. 85. and so hee called in a sermon at s ● . pauls crosse also , p. 95. the like did doctor white , the then bishop of lincolne , in a conference with bishop ridley , where hee doth charge the protestants in king edwards daies , for setting up an oyster table in stead of an altar , p. 497. the church of england , is in the meane time , but in sorry case . if shee appoint the lords board to be placed like a common table , the papists they will call it an oyster-table : if like an altar , the puritans , and mr. prynne , will call it a dr●sser-beard . a slovenlie and scornfull terme , as before was said , and such as doth deserve no other answer , than what the marginall notes in the acts and monuments , give in the one place to the deane of westmin●ter . viz. the bl●s●hemous mouth of doctor w●ston , calling the lords table an oysterboard , pat . 85. or what they give in th' other place to the bishop of lincolne ; viz. bishop white blasphemously called the ●oord of the lords supper , 〈◊〉 oyster table ▪ pag. 497. i would there were no worse notes in the acts and monuments . 3. as for the orders published by the queenes comm●ssioners , an ● . 1561. they say indeed as is alleaged , th●t in the place where the steps were , the communion table shall stand : but then they say withall , which is not alleaged , that there be fixed on the wall over the communion board , the tables of gods precepts imprinted for the said purpose . and in the booke of advertiseme●ts , entituled , articles of advertisement for due order in the publick administration of common-praier , and the holy sacraments ; and published in an ● . 1565. it is ordered thus : the parish shall provide a decent table , standing on a frame , for the communion table , which they shall decently cover with a carpet of silke , or other decent covering , and with a white linne● cloath in the time of the administration : and shall set the tea commandements upon the east wall , over the said table . which put together make up this construction , that the communion table was to stand above the steps , and under the commandements : and therefore all along the wall , on which the ten commandements were appointed to be placed ; which was directly where the altar had stood before . and in this wise wee must interpret the said orders and advertisements ; or else the orders published 1561 , must run quite crosse to the injunctions published 1559 , but two yeares before : which were r●diculous to imagine in so grave a state. 4. nor doth it helpe the cause undertaken by the epistoler , that the minister appointed to reade the communion , is directed to reade the commandements , not at the end , but at the northside of the table : there being no difference in this case betweene the north-end , and the north-side , which come both to one . for in all quadrilaterall , and quadrangular figures , whether they bee a perfect square , which geometricians call quadratum , or a long square ( as commonly our communion tables are ) which they call oblongum : it's plaine that if wee speake according to the rules of art , ( as certainly they did which composed that rubricke ) every part of it is a side ; how ever custome hath prevailed to call the narrower sides by the name of ends . when therefore hee that ministreth at the altar , stands at the north-end of the same , as wee use to call it ; hee stands no question at the north-side thereof , as in proprietie of speech wee ought to call it ; and so implies not , as it is supposed by the epistoler , that the end , or narrower part thereof , is to bee placed towards the east great window . and this interpretation of the rubrick , i the rather stand to , because that in the common prayer booke done into latine by command , and authorized by the great seale of queene elizabeth , ann. 2● . of her reigne , it is thus translated : ad cujus mensae septentrionalem partem , minister stans , orabit orationem dominicam . viz. that the minister standing at the north part of the table , shall say the 〈…〉 5. for the parenthesis , i might very well have passed it over ; as not conducing to this purpose ; but that it seemes to cast a scorne on them , by whose direction the booke of the fast , in 1● . of the king was drawne up and published , as if it were a noveltie or singular devise of theirs , to call the latter part of divine service , by the name of second service : whereas indeed the name is very proper for it , and every way agreeable both to the practise of antiquitie , and the intentions of this church at that very time , when the booke of common prayer was first established . for if we looke into the liturgie of our church , immediately after athanasius creed , wee shall find it thus : thus endeth the order of morning and evening prayer throughout the whole yeare : i. e. the forme of morning and evening prayer for all dayes , equally , aswell the working dayes , as the holy dayes , without any difference . then looke into the first rubricke before the communion , and wee find it thus : so many as intend to bee partakers of the holy communion , shall signifie their names unto the curates over night , or else in the morning before the beginning of morning praier , or immediately after . where cleerly it is mean● , that there should be some reasonable time betweene morning praier and the communion . for otherwise , what leisure could the curate have , to call before him , open , and notorious 〈◊〉 livers , or such as have done any wrong unto their neighbours by word or deed , and to advertise them , in any wise not to presume to come unto the lords table , till they have manifested their repentance , and amended their former na●ghty lives , and recompensed the parties whom they have done wrong unto ? or what spare time can wee afford him , betweene the reading pew , and the holy table , to reconcile those men , betwixt ▪ whom hee 〈◊〉 malice and hatred to raigne ; and on examination of their dispositions , to admit that party , who is contented 〈◊〉 ●●rgive , and repell the obstinate ; according as by the rubrick hee is bound to doe . which , being compared with the first rubrick , after the communion , where it is said , that upon the holi-daies , if there be no communion , shall be said all that is appointed at the communion , untill the end of the homilie , concluding with the praier for the whole state of christs church militant here on earth , &c. makes it both manifest and undeniable , that the distinction of the first and second service , is grounded on the very meaning of holy church ; however the epistoler doth please to slight it . 6. that which next followes , is a confirmation onely of what went before : viz. that the ministers standing at the north side of the table , was no new direction in the queenes time onely , but practised in king edwards reigne ; that in the plot of our liturgie sent by knox , and whittingham to master calvin , in the latter end of queene mary , it is said , that the minister must stand at the north-side of the table ; ( that onely was put in to sh●w , that ●ee had the booke entituled , the troubles of francofurt : ) that in king edwards liturgies , the minister standing in the middest of the altar , ( i. e. with his back turned towards the people ) 1549 , is turned into his standing at the northside of the table , 1552. and finally , that this last liturgy was revived by parl●ament , 1● . eliz. this wee acknowledge to be true , but it addes nothing to the reasons produced before : and so perhaps it is as true , that it was used so , when this letter was written , in most places of england ; which in this kind had too much deviated from the ancient practise . but where it followeth in the next place , that what is done in chappels , or cathedrall churches , is not the poynt in question , but how the tables are appoynted to be placed in parish churches : i thinke that therein the epistoler hath been much mistaken . for certainly the ancient orders of the church of england , have beene best preserved in the chappell 's of the kings majestie , and the cathedralls of this kingdome ; without the which perhaps , wee had before this beene at a losse amongst our selves , for the whole forme and fashion of divine service . and therefore if it bee so in the chappell 's and cathedrall churches , as the epistoler doth acknowledge ; it is a pregnant argument , that so it ought to bee in the parochiall ; which heerein ought to president and conforme themselves , according to the patterne of the mother churches . and i would faine learne of this doughtie disputant , why hee should make such difference betweene the chappell 's , and cathedrall churches on the one side , and the parochialls on the other : as if some things which were not warranted by law , were used in the one ; and such as are allowed by law , were not permitted to the other . the lawes and canons now in force , looke alike on all . and therefore heere must bee some cunning , to make the chappell 's and cathedralls guiltie of some ●oule transgression , some breach of law and publick order ; the better to expose them to the censure of a race of men , who like them ill enough already . 7. as for that fancie which comes next , that in some chappell 's and cathedralls , the altars may bee still standing or to make use of their covers and ornaments , tables may bee placed in their roome , of the same length and fashion the altars were of ; 〈…〉 dreame , and a poore conjecture . questionlesse , neither the chappell 's royall , nor any of the cathedrall churches ▪ have hitherto been so 〈◊〉 brought , ( gods name bee praysed ) but that they have been able to provide themselves of convenient ornaments , without being any way beholding to their former altars . however , if it were lawfull in cathedrall churches , either to suffer the old altars to continue standing , or to set up tables in their places , of the same length and fashion that the altars were of , onely in poynt of thrift , to save greater charges : i hope it will bee thought more lawfull , by indifferent men , to place the table altar-wise , in parochiall churches , in poynt of decencie , and due obedience unto publike order that altars doe stand still in the lutheran churches , ( the doctours and divines whereof hee doth acknowledge afterwards to bee sound protestants ) by the epistoler is confessed , though it makes against him : as also that the apology for the augustan confession doth allow it . and he confesseth too , not onely that they stood a yeare or two in king edwards time , as may appeare by the liturgy printed 1549. but that the queenes commissioners were content they should stand , as before we noted . what , stood they but a yeare or two in king edwards time ? yes certainely they stood foure yeares at the least , in that princes reigne . for in the first yeare of king edward , being 1547. was passed , that statute , entituled , an act against such persons as shall speake ireverently of the sacrament of the altar . anno 1548. the common prayer book was confirmed by parliament , although not publi shed till the next yeare ; wherein the word altar is oft used , and by the which it seemes the altars did continue as before there were . anno. 1540 , a let ter in the kings name from the lords of the coun cell , came to bishop ●●●●er , for abrogating private masses ; wehrein it is appoynted , that the holy bles sed communion bee ministred at the high altar of the church , and in no other places of the same . act. and monum . part. 2. p. 662. and in the yeare 1550. which was the fourth yeare of his reigne , came out an order from the councell , unto bishop ridley , for taking downe the altars in his diocesse , pag. 699. so long it seemes they stood without contradiction ; and longer might have stood perhaps , if calvin had given way unto it ; of which more heereafter . 8. in the meane time ; from matter of evidence and authoritie , wee must proceed next unto poynt of reason , and then goe on againe unto matter of fact ; as the way is lead by the epistoler , whom we must follow step by step in all his wandrings . and in this way hee tells us . that the sacrifice of the altar beeing abolished , these ( call them what ●ou will ) are no more altars , but tables of stone or timber , and that it was alleaged so 24. novemb. 4● . edw. 6. and 〈…〉 so alleaged , that the sacrifice of the altar was abolished ? i believe it not . it was alleaged indeed , that the forme of an altar was ordained for the sacrifices of the law ; that both the law , and the sacrifices thereof doe cease , and therefore that the forme of the altar ought to cease also . act ▪ and monuments part . 2. pag. 700. the sacrifice of the altar , and the sacrifices of the law , are two different things : it being told us by saint paul , that wee ( the christians ) have an altar , whereof they have no right to ●are , which served the t●bernacle , hebr. 13. 10. that altar , and that sacrifice , must continue alwaies . and were it granted , as it need not , that since the law , and sacrifices thereof be both abolished , therefore the forme of the altar is to be abolished : yet would this rather helpe , than hurt us . for the communion table standing in the body of the church or chancell , hath indeed more resemblance to altars , on which the priests did offer either sacrifice , or incence , under the law ; then if it did stand altarwise , close along the wall , as did the altars , after in the christian church : the one of them , which was that for sacrifice , standing in atri● sacerdotum , in the middle of the priests court , without the temple ; the other being that of incense , in templo exteriori , even in the outward part of the temple , and not within the sanctum sanctorum , as our altars doe . 9. that the said tables of stone , or timber ( though placed altarwise , for so i take it is his meaning ) may be well used in kings and bishops houses where there are no people so voyd of understanding , as to be scandalized , wee are glad to heare of : and if it be not true , would to god it were . however wee may safely say , that a small measure of understanding , is in this kind sufficient to avoid offence : there being none so weak of wit , who may not easily bee perswaded ( if at least they will , or that their leaders will permit them ) that the disposing of gods table , rather to one place than another , it is not considerable in it selfe , or otherwise materiall in his publick worship , further than it conduceth unto order and vniformitie . if any bee so void of understanding , which wee hardly thinke , and plead their weaknesse in this point , as did the brethren in the conference at hampton court ; wee aske them with his majestie of happy memory , not whether 45 yeares , but whether 80 yeares be not sufficient for them to gather strength , and get understanding ; whether they be not rather head-strong , than not strong eenough . confer . at hampt . court. pag. 66. for it may very well be thought that it is not any want of understanding , but an opinion rather that they have of their understandings , which makes some men run crosse to all publick order , and take off●nce at any thing , whereof themselves are not the authors . 10. that which next followeth , viz. that on the orders for breaking downe of altars , all dioceses did agree upon receiving tables , but not upon the fashion or forme of tables , is fairer in the flourish , than in the fact . for in the act. & mon. p. 1212. which there is cited , being of my edit . part 2. pag. 700. there is no such matter . it is there said indeed , that on receipt of his majesties le●ters sent to bishop ridley , the bishop did 〈◊〉 the right forme of a table to be used in all his di●cesse : but that it was appointed so in all other diocesses , as the epistoler hath affirmed , doth not appeare by any thing in that place remembred . and though hee did appoint it so , yet possibly it may be doubted , whether the people , fully understood his meaning : it being there said , that after the exhortation of the said bishop ridley , there grew a great diversity about the forme of the lords boord , some using it after the forme of a table , and some of an altar . so that the difference was not about the having of a table , wherein it seemes , most men were ready to obey the kings command , and the bishops order ; but in the placing of the same : some men desiring , that it should be placed after the fashion of an altar , others more willing that it should be used like a common table ; in which bo●h parties followed their owne affections , as in a thing which had not been determined of , but l●ft at large . 11. that which comes after is well said , but not well applyed . it is well said , that in the old testament one and the same thing is termed an altar and a table ▪ an altar in respect of what is there offred unto god , and a table , i● regard of what is there participated by men , as for example by the priests . by this might better have been applied , and used to justifie the calling of the communion table by the name of altar , in respect of those oblations made to god : as the epistoler doth acknowledge afterwards . that of the ●●ophet malachie , 1. ver . 7. is indeed worth the marking , and doth demonstrate very well that in the old testament , gods altar is the very same with gods table , but how it answereth 〈…〉 place of the ●ebrewes , 13. 10. is beyond my reach , the prophet speaking of that 〈◊〉 and those sacrifices , whereof wee have no right to ea●e which live under the gospell ; and the apostle of that altar , and that sacrifice , whereof they have no right to eate , which live under the law. in case , that passage had been urged by the vicar of gr : as the epistoler hath informed us , for wee take his word ; against some of his fellow ministers , as before him it was by master morgan against peter martyr , in maintenance of an altar in the christian church : however it might possibly have been answered otherwise by the respondent , sure it had never been well answered by that text of malachie . 12. vvhere it is next said , that we have no altar in regard of oblation , but wee have an altar in regard of participation & communion granted to us : were it no otherwi●e than it is here said , yet here we are all allowed an altar , in regard of participation and communion ; which is enough to justifie both the scituation of the table altarwise , and the name of altar , and that too in the very instant of receiving the communion . now for the proofe that wee have an altar also in regard of oblation , wee need looke no further than into the latter end of this second paragraph ; where howsoever the epistoler doth suppose , that the name of altar crept ( hee might aswell have said , it came ) into the church , in a kind of complying in phrase with the people of the iewes , as chemnitius , gerardus , and other sound protestants were of opinion ; ( where by the way , we may perceive that some may bee sound protestants , though they like of altars : ) yet he acknowledgeth withall , that it was so called , partly , in regard of those oblations made upon the communion table , for the use of the priest and the poore , whereof we reade in justine martyr , irenaeus , tertullian , and other ancient writers ; and partly , because of the sacrifice of praise and thanks-giving , as arch-bishop cranmer , and others thought , acts & monum . pag. 1211. which is part 2. pag. 700. of my edition . whereby it seemes , that besides the complying in phrase with the iews ( which the christians of the primitive times had little care of , when there was not greater reason to perswade them to it : ) the communion table , was called an altar , both in regard of the oblations there made to god , for the use of his priests , and of his poore ; as also , of the sacrifice of praise and thanks-giving , which was there offred to him by the congregation . and therefore , as before wee found an altar , in regard of participation , and communion ; so heere wee have an altar in respect of oblation also . 13. this , though it be so cleere a truth , that the epistoler could not deny it ; yet puls hee downe with one hand , what hee was after forced to set up with the other . for so it followeth in the letter : the use of an altar is to sacrifice upon , and the use of a table is to eate upon : and because communion is an action most proper for a table , as an oblation is for an altar ; what then ? therefore the church in her liturgy and canons calling the same a table onely , doe not you call it an altar ? this is indeed the in●erence which is made from the former principles . but if the principles be true , as indeed they are not , there being an altar in the temple , which was not made to sacrifice upon , as the altar of incense ; and a t●ble also in the temple , which was not made to ●ate upon , as the table for the she●-bread : another , and a worse conclusion would soone follow on it ; which is , that men would thinke it necessary to sit at the communion . for if communion be an action most proper for a table , as it is affirmed , and that the use of a table to be eate upon , as is also said : the inference will be very strong , that therefore wee are bound to sit at the communion , even as wee doe at common tables , which wee eate upon . a thing much sought for by some men , as if not onely a great part of their christian liberty , but that their whole religion did consist therein ; but brought into the churches first , by the moderne arians ( who stubbornly gain-saying the divinity of our lord and saviour , thought it no robbery to be equall with him , and sit down with him at his table : ) and for that cause most justly banished the reformed church in poland . for so it was determined there , in a generall synod , an ● . 1583. ne sessio sit in usu ad mensam domini . the reason was , nam haec ceremoniea , ecclesijs christianis & coetibus evangelicis non est usit●ta ; tantumque propria infidelibus arianis , domino par● solio sese collocantibus : because it was a thing not used in the christian church , but proper to the arians onely , who thought themselves haile-fellowes with their lord and saviour ; and to them we leave it . 14. wee are now come unto the story of the change , the change of altars into tables , and the reasons of it , which is thus delivered : in king edwards liturgy of 1549 , it is every where ; but in that of 1552 , it is no where called an altar , but the lords boord . why ? because the people being scandalized heerewith in countrey churches , first beats them downe de facto , then the supreame magistrate by a kind of law , puts them downe de jure ; and setting tables in their roomes , tooke from vs the children of the church and common-wealth , both the name and nature of former altars . what ever may be said of the change in the publicke liturgie , the reason here assigned for taking downe of altars , is both false and dangerous . nor is it altogether true , that in the liturgies here remembred , the name of altar is used onely in the one ; though true it be , that that of the l●rds boord , or table , is used onely in the other . though the epistoler had not , perhaps , the leisu●e , to ●earch the liturgie of 1549 , where it is once called gods boord , and once his table , as viz. in the praier : we doe not presume , &c. and in the rubricke of the same : yet he could not be ignorant that it was so observed in his owne author , the acts and monuments ; and in the page by him often quoted . where it is said , that the booke of common prayer calleth the thing whereupon the lord's supper is ministred , indifferently , a table , an altar , or the lord's board , without prescription of any forme thereof either of a table , or of an altar ; so that whether the lord's board have the forme of an altar , or of a table , the booke of common prayer calleth it both an altar and a table . for as it calleth it an altar , whereupon the lord's supper is ministred , a table , and the lord's board : so it calleth the table , whereon the holy communion is distributed with lauds and thanksgivings unto the lord , an altar : for that there is offered the same sacrifice of praise and thanksgiving . part. 2. pag. 700. and this i have he rather laid downe at large , to shew with what indifferencie these names of table , board , and altar , have beene used before ; and may be used for the present : as also in what regard the lord's table may be called an ●ltar . and this according unto master foxes marginall note , in the selfe same page ; viz. the table how it may be called an altar , and in what respect : which shewes that he allowed it to be called an altar , though this epistoler doth not like it . 15. now as the story of the change is not altogether true , so the reason there assigned , is both ●al●e and dangerous . first , it is false , the alteration not being made , because the people were scandalized with altars in countrey churches . the people were so farre from being scandalized with having altars ; that in the countreyes of devon and cornwall , they rose up in armes , because the masse was taken from them . act. and monum . part. 2. pa. 666. and if we looke into the story of tho●e times , we shall quickly find , that it was no scandall taken by the people , which did occasion that or any other c●ange in the common prayer booke ; but and offence conceived by calvin . it seemes that bucer had informed him of the condition of this church , and the publike li●urgie thereof ; and thereupon he wrote to the duke of sommerset , who was then protector . epistola ad bucer●m . in which his letter to the duke , hee finds great fault with the commemoration of the dead , which was then used in the celebration of the lords supper , though he acknowledgeth the same to bee very ancient ; calling it by the name of a piece of leaven , quo m●ssa integra sanctae coenae quodammodo ace●ieret , where with the whole communion was made sower . other things in the liturgie hee found fault withall , and then adviseth , illa omnia abscindi se●el , that they should all at once be cut off for ever . epist. ad protectorem angliae . nor stayed hee here , but he sollici●ed archbishop cranmer to the same ●ffect , 〈◊〉 . 1551 , being the yeare before the al●eration made , ( as by the placing of that letter doth appeare ) complaining in the same unto him , 〈…〉 that in the church of england , there was yet remaining a whole masse of popery , which did not only blemish and obscure , but in a manner overthrow gods holy worship . so that however in his answer to the devonshire men , the king had formerly affirmed , that the lords supper , as it was then administred , was brought even to the very ●se , as christ left i● , as the apostles used it , and as the holy fathers delivered it ; act. and monum . part. 2. pa. 667 : yet to please calvin , who was all in all with my lord protector , and as it seemes had tooke ●pon him to wr●te ●●to the king about it , epistol . ad 〈◊〉 1551 , the litu●gy then established , was called in by parliament ; though in the very act it selfe they could not but acknowledge , that the said booke of common prayer was both agreeable to gods word , and ●he primitive church . 5. & 6. of edw. 6. cap. 1. so that the leaving of the word , altar , out of the common prayer booke last established , and other altera●ions which were therein made , grew not from any s●andall which was taken at the name of altar , by the countrie people ; but from the dislike taken against the whole liturgy , by calvin , as before i said . 16 as false it is , but far more dangerous , which is next alleaged ; viz. that the people being ●●anda●ized in countrey churches , did first de fac●o , beat down altars , and then the prince , to countenance , no doubt , and confirme their unruly actions , did by a kinde of law put them do●ne de jure . wher● is is said in all the monuments of our church , or state , that ever in the former times , the countrey people tooke upon them to bee reformers of the church ; or that in this particular , they did de facto , beat downe altars ? this is fine doctrine , were it true , for the common people , who questionlesse will hea●ken to it with a greedy ●are ; as loving nothing more then to have the soveraigntie in sacred matters : and who being led by a pre●edent , more than they are by the lawe or precept , thinke all things lawfull to bee done , which were done before them . but sure the people never did it . for in the letters sent in the kings name to bishop ridley , it is said , that it was come to the kings knowledge , how the altars within the most part of the churches of this realme , being already upon good and godly consideration taken downe , there did remaine altars in diverse other chu●ches , actes and monument part. 2. pag. 699. so that the altars were not generally taken dow●e throughou● the kingdome : and those which were tooke downe , were taken downe on good and godly consideration ; which certainely implyes some order and authority from those who had a power to doe it : not beaten downe , de facto , by the common people , in a popular hu●our , withou● authoritie or warrant . and had they all beene beaten downe de ●act● , by the common people , that kind● of la● which after put them downe de jure , had come too late to carry any stroake in so great a businesse : vnlesse perhaps the king was willing on the post-fact to partake somewhat of the honour ; or durst not but confirme the doings of disordered people , by a kind of law. a kind of law ? and is the edict and direction of the king in sacred matters , but a kind of law ? the peoples beating downe the altars , was , as it seemes , a powerf●ll law , a very club-law at the least , against the which was no resistance to be made ; the princes edict to remove them , but a kind of law , which no man was obliged unto , nor had regarded , but that they found it sorted with the peoples humour . just so he dealt before with the queenes injunctions . the queens injuctions had appoynted that the holy table in every church should be ●ecently made , and set up in the place where th● alt●r stood : and thereupon it is resolved by the epistoler , that if by placing of the table altarwise , is meant the setting of it in that place of the chancell where the altar stood , there may be somewhat sayd for that , because the injunctions did so place it . the edict of king edward , but a kind of law ? the order of qu. elizabeth ▪ but a kind of somewhat ? this is no mannerly dealing with kings and queenes , my good brother of boston . 17. yet such a kind of law it was , that being seconded by a kind of somewhat , in the queenes injunctions 1559 , referring to that order of king edward , it hath taken from us the children of the church , and common-wealth , the name & nature of former altars . the children of the church ? and who are they ? those onely which are bounded intr● partem donati , the lot and portion of the brethren of the dispersion ; those who have kep● their children's fore-heads from the signe of the crosse , their knees from bowing at the blessed name of j●sus , or doing honour to him in his ho●y sacrament ; those who have kept their hands from paying their duties to the priest ; their eyes from being defiled with looking on prohibited vestments , such as have formerly beene abused to idolatrous services . those doubtlesse ar● the children of the church here meant , which must not use the name of altars ; as if it were the shibboleth of their profession . from us the children of the church ? yes marry sir. now judge , if at the least you know a cat by her claw , if that which i at first suspected , be not come about ; for but with halfe an eye one may see by this , of what straine the episto●er is , or else unto what pa●●i● hee applyes him selfe in all this bu●iness● . as for the children of the common-wealth , it 's time that criticisme were forgotten , and that they were the children of the kingdome too . wee live , wee praise god for it , in a monarchie , not in a d●m●cracie . and therefore they that goe about to coyne distinctions , betweene the 〈◊〉 of the king , and the common-weale ; may perhaps passe for subtill sophister● , but never shall attaine the honour to bee thought sou●● s●bjects . 18. bvt it is time we should proceed , and leave these children of the church and the common wealth to their grand directors ; who , though in other things , they are all for novelties , new formes of praier , new rites and ceremonies of religion , if they brooke of any ; new offices , in the dispensation of god's word and sacrament ; must yet affect the name of table , even for pure antiquitie : the name of the lord's table , being told them to be no new name , and therfore none to be ashamed of it . a thing that might have well beene spared , there being none so void of pietie and understanding , as to bee scandalized at the name of the lord's table ; as are some men , it seemes , at the name of altar : saving that somwhat must be said to perswade the people , that questionlesse such men there are , the better to indeere the matter . nor is the name of altar so new a name , that any man should be ashamed therof , as if it were a terme taken up of late , in time of poperie . for whereas the epistoler pleadeth , that christ himselfe did institute the sacrament upon a table , and not upon an altar , and that the name of table , is in the christian church , 200. yeares more ancient than the name of altar , as is most learnedly proved out of st. paul , origen , and arnobius , by bishop jewell , against harding of private masse . p. 143 : it may bee possible that neither christ our savours institution will of necessitie infer the use of tables , ( tables , i meane , placed table-wise , towards the east great window , as before was said ; ) nor bishop iewel 's proofes come home to the point in hand . fo● howsoever our saviour instit●ted this holy sacr●●ent at a table , not at an altar ▪ yet is the table , in regard of that i●stitution , but an accessorie , and a poin● of circumstance ; nothing therein of substance , nothing which is to be considered as a principall . for if it were a matter of substance , that it was instituted at a table , then must the fashion of that table , being , as it is conceived , of an ovall forme , be a matter of substance also ; and compassed round about with beds , as then the custome was , for the communicants to rest upon whil'st they doe receive . but herein is the table no more considerable , than that it was first instituted after supper , in an upper chamber , distributed amongst twelve only ; and those twelve , all men ; and those men , all priests : which , no man is so void of sense , as to imagine to be things considerable in the administration of this holy sacrament . and yet should this be granted too , that in the having of a table we must conforme our selves to the lord's example : yet for the situation of that table , i doubt it would be hardly proved by the ●pistoler , that the two ends thereof did stand a●●● and west ; or that there was a great wind●● in the east end of the chamber , towards the which the table was placed endlong , at the institution ; as he would have it now at the ministration . 19. as little comfort can he find in bis●op iewell , or in s ● . paul , origen , and a●nobius , by him alleaged . of st. paul there is nothing said in all that sectiō ( it is the 26 of the third article ) which concernes this matter : nothing that sets forth the antiquitie of the name of table . st. paul is cited once onely in that whole section , and the place cited , then is this ; quomodo dicet amen ad tuam gratiarum actionem . 1 cor. 14. so that unlesse this argument be good , the people cannot say amen to prai●rs made in a strange tongue , because they know not what is said , ergo , the name of table is 200 yeares more ancient than the name of altar : there is not any thing alleaged from st. paul which can advantage the epistoler for the point in hand . indeed , from origen , and arnobius , it is there alleaged , that generally the gentiles did object against the christians of those times , that they had neither altars , images , nor temples ; obijcit nobis quod non habeam●● imag●nes , aut a● as , aut templa ; so origen , contr . cels. 1. 4. n●s accusatis quod nec templa habeamus , ne● i●agines , nec aras . so saith arnobius , lib. 2. contr . gentes . but ●nto this objection wee need no better an●wer , than bishop iewel 's owne in the sel●e same section : viz. that th●n the faithfull , for feare of tyrants , we●e faine to meet together in private houses , in vacant places , in woods and f●rrests , and caves under the ground . but we will fur●her ●ay withall , that t●ough the christians had some churches , in those perillous times , yet were they not so gorgious , nor so richly furnished , as were the temples of the gentiles . and so both origen and arnobius must be understood , no● that the christians in their times , had at all no temples , or at the least no altars in them : but th●t their churches were so meane , that they deserved not the name of temples ; & that they had no altars , for bloudy and external sacrifices , as the gentiles had . 20 for otherwise it is most certaine , that the church had altars , both the name and the thing ; and used both name and thing a long time together , before the birth of origen , or arnobius afer . tertullian , who lived in the same age with origen , but sometime before ; and a full hundred yeares before arnobius , hath the name of altar ; as a thing used and knowne in the christian church : as , nonne solemnior erit statio tua , si & ad aram dei steteris ? li● de oratione cap. 14. will not thy station , ( or forme of devotion then in use ) be thought more solemne , if thou dost stand by or before th● altar . and in his booke de poenitentia , he remembreth geniculationem ad aras ; kneeling or bowing of the knee before the altar . before him , origen , or arnobius , flourished irenaeus , who proves the apostles to be priests , because they did deo & altari servire , attend the service of the lord , and wait upon him at the altar . whereof see lib. 4. advers . haereses , cap. 20. and so st cyprian , who lived before arnobius , though after origen , doth call it plainely , altare dei , gods altar , ep. lib. 1. c. 7. ad epictetum . see the like in the 8. and 9. epist. of the same booke also . but to goe higher yet , ignatius●seth ●seth it in no lesse than three of his epistles : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ad magnes . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ad philadelph . one altar , and one altar in every church ; and finally in his epistle ad tarsens● he termes it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . gods altar , as both tertullian , and st cyprian did after call it . so in the canon of the apostles , which though not writ by them , are certainly of good antiquity , the same word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doth occurre in the 3 ▪ 4. and 5. canons . and above all indeed st paul in his habemus altare , heb. 13. 10. in which place , whether he meane the lords table , or the lords supper , or rather the sacrifice it selfe , which the lord once offred ; certain it is that he conceaved the name of altar , neither to bee impertinent , nor improper in the christian church . so that for ought appeares in the ancient writers , the name of altar is as old as the name of table ; indifferently and promiscuously used without doubt or scruple . nor doth that reverend bishop iewell deny , but that the lords table anciently was called an altar , and citeth elsewhere divers of the fathers , which did call it so : wherin consult his 13. art. & 6. sect . though now it bee resolved by this epistoler , that the name being so many yeares ●bolis●ed , it is in his iudgment fitter , that the altar , ( if wee will needs call it so ) should according to the canon stand tablewise ; then that the vicars table to trouble the poore town of gr. should stand altarwise . hac est illa helena . this is indeed the thing most aimed at in all this b●sinesse , popullo ut placerent quas fecisset fabulas , onely she pleasing of the people . it was to please the people , who as it is affirmed in the beginning of this letter , had taken some ●mbr●ges and offence at the pla●ing of the table , where the altar stood ; that the churchwardens were appointed to remove it into the middle of the chancell . it was to please the people , that the authoritie of the chur●h-wardens is advanced so high above their ministers . and now for feare of troubling the poore people , we must not use the name of altars , or place the table altar-wise ; lest they should take it for a dresser , and in a pious fury break it all in pieces , as , they are told , their an●estors , had done de facto , in king edwards reigne . ad populu● phaleras . sect . iii. wee are now come to the last part of this epistle , viz. the fixing of the altar , or communion-table at the upper end of the quire : and unto this it is thus said by the epi●●oler , viz. that for the standing of the table in the higher part of the ▪ church , he had decla●ed his as●ent already in opinion ▪ but t●at i● should be fixed there , was so farre f●●m being canonicall , that it is directly against the canon . it may be neither so , nor so . not so for certaine in the first . for in the vicars judgement , the communion● table ought to stand like an alta● , all along the wall ; and in the opinion of the epistoler , although hee bee content that it should stand above the steps , yet he would have it placed tablewise , with one end towards the east great window : which certainly is no assent in , but a diversity of opinion . and for the second , howsoever it bee ordered in the rubrick , that the communion table shall stand in the body of the church ▪ or in the chancell , ( and not , o● of the cha●cel , as the epistoler hath informed us ) ; where morning and evening prayer are appo●nted to bee read : yet his illation therupon , that seeing morning and evening prayer bee appoynted to bee read in the body of the church , ( as in most country churches , hee saith , it is ) , therfore the table should stand most canonically in the body of the church ; is both uncertaine and unsound . for seeing it is ordered in the booke it selfe , that morning and evening prayer shall bee used in the accustomed place of the church , chappell , or chancell , except it shall bee otherwise determined by the ordinary of the place : hee must first shew us where it was determined by the ordinary of the place , that morning and evening prayer shall be ●aid onely in the body of the church , before he venture on such new and ●trange conclusions . and for the rubrick , it saith only , that it shall so be placed in communion time ; and that too to bee understood , according as it hath been since interpreted by the best authoritie , not as if ordered upon any dislike of placing the communion table where the altar stood , but as permitting it to the discretion of the ordinary , to set , or cause it to bee set in the time of the administration of the sacrament , so as it might be most convenient for the communicants ; who in the former times , as it is well knowne , had rather been lookers on the sacrament , than partakers of it . 2 the like construction is also to be made of the queenes iniunction 1559. which is next alleaged , and of the 82. canon now i● force , being a recitall and confirmation of that part of the injunction , where it is sayd , that in the time of the communion , the table shall bee placed in so good sort within the chancell ( the 82 canon hath it within the church or chancell ) as thereby the minister may more conveniently bee heard by the communicants . which plainely is a matter of permission , rather than command ; yea , and a matter of permission onely in such times and places , where otherwise the minister cannot conveniently bee heard of the communicants . so that in all the lesser churches , such as our countrey churches for the most part are , and in all others where the minister standing at the altar , may be heard conveniently : the table may stand altar-wise in the time of ministration , without breach of canon . and this in the episto●er's judgement , the ablest canonist , no doubt , in the church of england , who hath already freely granted ; that placing of the table altar-wise , is the most decent situation when it is not used , & for use too , where the quire is mounted up by steps , and open , ( which may so●ne be done ) so that he which o●●iciats may be seene and heard of all the congregation . this was the thing the vicar aimed at . of wh●m we have no cause to thinke , or reason to conceive , that ●ee intended so to fixe his table unto the wall , or to incorporat it into the same , as the altars were ; that there should be no moving or removing it , on just and necessarie causes : but that in correspondence unto former practise , and the injunction of the queene , he thought the place where formerly the altar stood to be fittest for it , at least , out of the time of the ministration : and in that time too , if hee might be heard conveniently of the congregation . and whether hee might or no , no doubt he better knew , than this extravagant epistoler ; and so in that respect might be aswell master of the peoples eares , as he in tacitus , whom this epistoler hath remembred , was of his owne . 3. i say according unto former practise , and the queenes injunction . for if we looke into the former practise , either of the chappels of the king , the best interpreter of the law , which himselfe enacted , wherein the communion table hath so stood as now it doth , since the beginning of queene elizabeth , what time that rubrick in the common praier booke was confirmed , and ratified : or of collegiate and cathedrall churches , the best observers of the forme and order of god's publick service ; the vicar had good warrant for what he did . and for the injunctions , howsoever it bee said in them , that in the time of the cōmunion , the table shal be placed in so good sort within the chancell● , 〈◊〉 thereby the minister may more conveniently be heard ; being a matter of permison onely , if occasion be : yet it is ordred in the same , that after the communion done , from time to time , the same holy table shall be placed where it stood before , that is , where formerly the altar stood . so that the next clause of this epistoler , wherin it is referred to the vicar's judgement , whether this table , which like daedalus his ensignes , moves and removes from place to place , and that by the inward wheeles of the church canon , be fitly resembled to an altar , that stirr's not an inch ; might have well been spared : as not being likely to be any part of the vicars meaning . for we may reasonably presume that it was onely his intent to keep the table free from irreverent usage ; and by exalting it to the highest place ▪ to 〈◊〉 the 〈◊〉 reverence to the blessed sacrament , from the common people ; who if infected with the fancies of these latter daies , are like enough to thrust it down into the bell-free , or some worser corner . nor say i so without good reason , it being so resolved of in the altare damascenum , that any place , be it what it will , is good enough for the lords table , the communion ended . de loco ubi con●istat cur solliciti , cum quovis loco vel angulo extra tempus administrationis , collocari possit . pa. 718. what need they be so carefull ( say those factious spirits which composed that booke ) how to dispose or place the table ; seeing that out of the time of the ministration , it may be put in any place or corner whatsoever it be . high time assuredly , that such prophanenes should be met with . 4 there is one only passage more to be considered in this letter , for the close of all , and that is this ; that if we doe desire to know out of eusebius , augustin , durandus , & the fif●h councell of constantinople , how long communion tables have stood in the midst of the church , we should reade bishop jewell against harding , art. 3. p. 143. and we shal be satisfied . and read him though we have , yet we are not satisfied . eusebius tels us of the church of tyre , that being finished , and all the ●eats thereof set up , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ▪ the founder after all , placed the most holy altar in the midst thereof , and compassed it about with rai●es , to hinder the rude multitude from pressing neer it . this proves not necessarily , that the altar stood either in the body of the church , or in the middle of the same , as the epistoler doth intend when hee saith the middle . the altar , though it stood along the eastern wall , yet may be well interpreted to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in the middle of the chancel , in reference to the north and south , as it since hath stood . and were it otherwise , yet this is but a particular case of a church in syria , wherein the people being more ming●ed wi●h the iewes , than in other places , might possibly place the altar in the middle of the church , as was the altar of incense in the midst of the temple , the better to conforme unto them . for if , as bishop iewell saith in the selfe sam● place , the holy table was called an altar , onely in allusion to the altars in the old law , or if as this epistoler tells us , the name of altar crept into the church , by a kind of complying in p●rase with the people of the iewes : 〈…〉 5 that of the fifth councel of constantinople , as it is there called , being indeed the councell sub agapeto & menna against anthimus & severus , affirms as much in sound , as the epistoler doth intend ; but if examined rightly , concludes against him . it is there said , that in the reading of the diptychs , the people with great silence 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , gathered together about the altar , and gave eare unto thē . where , although 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in it selfe doth ●ignifie a circle ; yet 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , cannot bee properly interpreted , round about the altar , so as there was no part thereof which was not compassed with the people : no more than if a man should say , that hee had seene the king sitting in his throne , and all his noblemen about him , it needs , or could bee thought , that the throne was placed in the very middle of the presence ; as many of the nobles being behind him , as there was before him . and certainly , if the man of god in the description of god's throne in the kingdome of heave● , had any reference or resemblance ( as no doubt hee had ) unto the thrones of kings on earth ; wee have hit right enough upon the meaning of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the aforesaid councell : it being said in the 4th chapter of the revelat● on , vers 6. that round about the throne , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , were foure beasts full of ●yes ; and chap. 7. ver . 11. that all the angels stood 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , round about the throne . so that for all is said in the fifth councell of constantinople , the altar might and did stand at the end of the chancel , although the people came together about it to heare the diptychs ; i. e. the commemoration of those famous prelates , and other persons of chiefe note , which had departed in the faith . the like mistake there is , if it be lawfull so to say , in the words of s. austin . that which hath beene alleaged from him , being the 46 sermon , not the 42 , is this , christvs quotidie pas●it . mensa ipsius est illa in medio constituta . quid causae est o audientes , ut mensam videatis , & ad epulas non accedatis . which bp. iewell thus trans●lateth , christ feedeth us daily , and this is his table here set in the middest . o my hearers , what is the matter , that ye see the table , and yet come not to the meat . but clearely , mensa illa in medio constituta , is not to be interpreted , the table set here in the middest , as it is translated , but the table which is heere before you : according to the usuall meaning of the latine phrase , afferre in medium ; which is not to be construed thus , to bring a thing precisely into the middle , but to bring it to us , or before us . as for that passage from durandus , where it is said , that he examining the cause , why the priest turneth himselfe about at the altar , ye●●ds this reason for it , in medio ecclesiae aperui os meum : that proves not that the altar stood in the middest of the church , but that the priests stood at the middest of the altar . it is well known , that many hundred yeares before hee was borne , the altars generally stood in the christian churches , even as now they doe . 6 now that wee may aswell say somewhat in maintenance of the altars standing in the east part of the church ; as wee have answered those autorities which were produced by the epistoler , for planting of it in the middlest wee will alleage one testimonie , and no more but one , but such a one as shall give very good assurance of that generall usage , and in briefe is this : socrates in his ecclesiasticall historie , lib. 5. c. 21. speaking of the different customes in the christian church , saith of the church of antioch , the chiefe citty of syria , that it was built in different manner from all other churches . how so ? 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ▪ because the altar was not placed to the east-ward , but to the westward . nicephorus , hist. lib. 12. cap. 24. observes it generally of all the altars in that citty , and note 's withall , that they were situate in a different manner from all other altars . and howsoever possibly in some other places which they knew not of , the altars might stand west-ward , as they did in antioch , or to some other point of heaven , as the north , or south , if any stood so : yet it is manifest by this , that in the generall practise of the church , the altars used to stand to the eastward onely . so that for ought appeares unto the contrary in this epistle , the vicar of gr. might very safely hold his three conclusions , at the first remembred . first , that an altar may be used in the christian church ; secondly , that the table may stand altar-wise , the minister officiating at the north-end thereof ; and thirdly , that the table may stand constantly in the upper part of the chancell , close along the wall , not to bee taken downe , either in the first , or second service , especially , if the mini●ter there standing may be seene and heard of al the congregation . with the which summarie of mine i had concluded this reply , had i not found this item given unto the vicar in the close of all , that by that time hee had gained more experience in the cure of soules , he should find no such ceremony , as christian charity . where if his meaning be , that christian charity is in it selfe more precious than any ceremony , no doubt it will be easily grante● : it being by st. ●aul preferred before faith and hope . but if hee meane , that they which have the cure of soules should rather choose to violate all the orders of holy church , and neglect all the ceremonies of the same ; then give offence unto the brethren , the children of the church , as before hee called them : it is like many other passages before remembred , onely a trick to please the people , and p●t the reines into their hands , who are too forwards in themselves to contemne all ceremonie , though in so doing they doe breake in sunder the bonds of charitie . 7. i have now ended with the letter , and for your further satisfaction will lay downe somewhat , touching the ground or reason of the thing required : not in it selfe , for that is touched upon before , but as it either doth relate unto the king , the metropolitan , or in your case , the ordinarie , which requires it from you . for the true ground whereof you may please to know , that in the statute 1● . eliz. cap. 2. whereby the common praier booke now in use , was confirmed and established , it was enacted , that if there shall happen any irreverence or contempt to be used in the ceremonies or rites of the church , by misusing the orders appointed in the same : that then the queenes majestie , by the advise of her commissioners for causes ecclesiasticall , or of the metropolitan , might ordeine or publish such further ceremonies or rites as may bee most for the advancement of gods glorie , the edifying of his church , and the due reverence of christ's holy mysteries and sacraments . a power not personall to the queene onely , when she was alive ; but such as was to be continued also unto her successours . so that in case the common praier booke had determined positively , that the table should be placed at all times in the middle of the church or chancell , which is not determined of ; or that the ordinarie of his owne autoritie , could not have otherwise appointed , which yet is not so : the kings most excellent majestie , on information of the irreverent usage of the holy table by all sorts of people ( as it hath beene accustomed in these latter daies ) in sitting on it in time of sermon , and otherwise prophanely abusing it , in taking accounts , and making rates and such like businesses ; may by the last clause of the said statute , for the due reverence of christ's holy mysteries and sacraments , with the advice and counsell of his metropolitan , command it to bee placed where the altar stood , and to be railed about for the greater decencie . for howsoever in the act , the queen be onely named , not her heires and successours ; yet plainly the autoritie is the same in them , as it was in her ; which may be made apparant by manie arguments drawne from the common law , and the act it selfe . first , from the purpose of that clause , which was to fence the rites and cereremonies of the church , then used , from all irreverence and contempt : and for the publishing of such other rites and ceremonies , as might in further time be found convenient , for the advancement of gods glorie , the edifying of his church , and the procurement of due reverence to christ's holy sacraments . but seeing that the rites●nd ●nd ceremonies of the church , were not onely subject unto irreverence and contempt in the said queenes time , but are , and have been sleighted , and irreverently abused in time of her successors : the act had ill provided for the churches safetie , in case , the power of rectifying what was amise , either by ordering of new rites , or stablishing the old , did not belong aswell to her successours , as it did to her . next , fro● the verie phrase and stile which is there used . for it is said , the queene , with the advice of the metropolitan might ordeine and publish , &c. the queene indefinitely , and the metropolitan indefinitely , if then by queene indefinitely be onely meant , the person of the queene then being , not her heires and successours ; by metropolitan indefinitely , wee must also meane the metropolitan then being , and not his successours : and then the power heere given the queene , had beene determined with the death of arch-bishop parker , which was some 28 yeares before her owne . thirdly , from another clause in the selfe same act , where it is said , that if any person being twice convict ( of depraving the booke of common praier , &c. ) shall off end againe the third time , and be thereof lawfully convict , hee shall forfeit for his third offence , to our soveraign lady the queene , all his goods and chattels , &c. where , though the queene be onely named , the penaltie of the law 〈◊〉 be , and is most justly taken by her heires and successours ; or else there were no remedy , at this time , by the lawes provided , for the third contempt . fourthly , from the usuall forme of those acts and statutes , which were made purposely for the particular and personall profit , safetie , and advantage of the said queene , which are distinguished from others by this note or character , viz. this act to continue , during the queenes majesties life that now is onely . such is the act , against rebellio●s assemblies , 1. eliz. cap. 16. those against such as shall rebelliously take , or conspire to tak● from the queenes majestie any of her towers , castles , &c. 14. eliz. cap. 1. and against such , as shall conspire , or practise the enlargement of any prisoner committed for high treason . cap. 2. that against seditious , word● and rumors uttered against the queen●s most excellent majestie . 23. eliz. ca. 2. and finally , that for the safety of the queenes royal person , and the continuance of the realme in peace , an ● . 27. ca. 1. in the which last , although it bee not said expresly that it shal dure no longer thē her natural life , yet the word , person , in effect , doth declare as much . fiftly , from a resolution in the law , in a case much like : it being determined by that great lawyer ploydon , that if a man give lands to the king by deed inrolled , a fee● simple doth passe , without these words , successours and heires ; because in ●udgement of law , the king never dieth . coke on lit● . pag. 9. b. and last of all , it may be argued , that the said clause or any thing therin conteined , is not indeed introductorie of any new power , which was not in the crowne before ; but rather declaratorie of an old , which anciently did belong to all christian kings ( as before any of them to the kings of iudah ) and among others to ours also : who , with the c●unsell of their prelate● , and other clergie , might , and did induce such rites and ceremonies into the churches of , and in their severall kingdomes , as were thought most convenient for god's publick service ; till at the last , all ecclesiasticall autoritie was challenged and usurped by the see of rome . which is the answer and determination of sir robert coke , in cawdries case , being the fifth part of his reports , entituled , de jure regis ecclesiastico ; where hee affirmeth , that if the act of parliament , 1● . eliz. 2. cap. 1. whereby it was enacted , that all ecclesiasticall power and autoritie , which heretofore had beene , or might lawfully be exercised or used for the visitation of the ecclesiasticall state , and persons , and for reformation of all , and all manner errours , heresies , schismes , abuses , and contempts , offences , and enormities , should bee for ever united and annexed to the imperiall crowne of this realme : was not an act introductory of a new law , but confirmative of an old , for that this act doth not annex any jurisdiction to the crowne , but that which was in truth , or of right ought to bee by the ancient lawes of the realme , parcell of the kings jurisdiction , and united to the crowne imperiall . by this authoritie the altars were first taken downe in king edwards reigne , though countenanced and allowed of in the common-prayer booke , then by law established ; the better , as the cause is pleaded by bishop ridley , to avoyd superstition , actes and monum . part. 2. pag. 700. and by the same , or by that mentioned , 1 ● . eliz. cap. 2. his majestie now being , might appoynt the table to bee set up , where formerly the altar stood , ( had it been otherwise determined in the rubrick , as indeed it is not ) to avoyd prophanenesse . 8. i will adde one thing more for your satisfaction , which perhaps you know not ; and that is , that his sacred majestie hath hereupon already declared his pleasure , in the case of saint gregories church neere saint pauls in london , and thereby given encouragement to the metropolitans , bishops , and other ordinaries , to require the like in all the churches committed to them . which resolution of his majestie , faithfully copied out of the registers of his councell-table , i shall present herewith unto you , and so commend my selfe to you , and us all to the grace of god in jesvs christ . at whitehall , the third of november . 1633. present , the kings most excellent majestie . lo : archbish. of cant. lo : keeper . lo : archbish. of yorke . lo : treasurer . lo : privie seale . lo : duke of le●nox . lo : high chamberlain . ear. marshall . lo : chamberlaine . ear : of bridgewater . ear : of carlile . lo : cottington . mr. treasurer . mr. comptroller . mr. secretary cooke . mr. secret. windebanke . this day was debated before his majestie , sitting in co●nsell , the question and difference which grew about the removing of the communion table in saint gregories church , neere the cathedrall church of saint paul , from the middle of the chancell to the upper end , and there placed altar-wi●e , in such manner as it standeth in the sayd cathedralls and mother church , ( as also in all other cathedralls , and in his majesties owne chappell ) and as is consonant to the practise of approoved antiquitie . which removall , and placing of it in that sort , was done by order of the deane and chapter of st. pauls , who are ordinaries thereof , as was avowed before his majestie by doctor king , and doctor montfort , two of the prebends there . yet some few of the parishioners , being but five in number , did complaine of this act by appeale to the court of arches , pretending that the booke of comm●n-prayer , and the 82. canon doe give permi●sion to place the communion table , where it may stand with most fitnesse and convenience . now his majestie having heard a particular relation made by the counsaile of both parties , of all the carriage and proceedings in this cause , was pleased to declare his dislike of all innovation , & receeding from ancient constitutions , grounded upon just and war●antable reasons , especially in matters concerning eccle●iasticall orders and government , knowing how easily men are drawne to affect novelties , and how soone weake judgements in such cases may bee overtaken and abused . and he was also pleased to observe , that if those few parishioners might have their wills , the difference thereby 〈…〉 of the neerene●s of st. gregories , standing close to the wall thereof . and likewise , for so much as concernes the liberty given by the said common booke , or canon , for placing the communion table in any church or chappell with most conveniencie ; that libertie is not so to be understood , as if it were ever left to the discretion of the parish , much lesse to the particular fancie of any humerous person , but to the judgement of the ordinarie , to whose place and function it doth properly belong to give direction in that poynt , both for the thing it selfe , and for the time , when and how long , as he may finde cause . vpon which consideration his majestie declared himselfe , that hee well approved and confirmed the act of the said ordinarie , and also gave commandement , that if those few parishioners before mentioned , do proceed in their said appeale , then the deane of the arches , ( who was then attending at the hearing of the cause ) shall confirme the said order of the aforesaid deane and chapter . a copie of the letter written to the vicar of gr : against the placing of the communion table at the east end of the chancell . sir , with my very hearty commendations . when i spake with you last , i told you that the standing of the communion table , was unto me a thing so indifferent , that unlesse offence and vmbrages were taken by the towne against it , i should never move it , or remove it . that which i did not then suspect , is come to passe . t●e alderman whom i have knowne this 17. or 18. yeares , to bee a discreet and modest man , and farre from any ●umour of 〈◊〉 together with the better sort of the towne , have compl●●ned against it : and i have ( without taking notice of your act , or touching in one ●●llable upon your reputation ) ●ppointed the church wa●dens ( whom it 〈◊〉 doth concerne under the 〈◊〉 ) to settle it for this time , as you may see by this copy inclosed . now for your owne satisfaction , and my poore advise for the future , i have written unto you somewhat more at large , then i vse to expresse my selfe in this kinde . i doe therefore ( to deale plainely ) like many things well , and disallow of some things in your cariage of the businesse . it is well done that you affect decency and comlinesse , in the officiating of god's divine ser●ice ; that you president your selfe with the formes in his majesties chappels , and the quires of cathedrall churches ( if your quire , as those others , could containe your whole congregation ; ) that you doe the reverence appointed by the canon to the blessed name of iesvs , so it be done humbly , and not affectedly , to procure devotion , not derision of your parishioners , and that you do not maintaine it rationibus non cogentibus , and so spoile a good cause with bad arguments . these things i doe allow and practise . but that you should be so violent and earnest for an altar at the upper end of the quire ; that the table ought to stand altarwise ; that the fixing therof in the quire is canonicall , and that it ought not to bee removed to the body of the church ; i conceive to be in you so many mistakings . for the first , if you should erect any such altar , which ( i know you will not ) your discretion will proove the onely holocaust to be sacrificed thereon . for you have subscribed when you came to your place , that that other oblation which the papists were wont to offer upon their altars , is a blasphemous figment , and pernicious imposture , in the thirty one article : and also , that we in the church of england ought to take heed , lest our communion of a memory , be made a sacrifice : in the first homilie of the sacrament . and it is not the vicar , but the church-wardens , that are to provide for the communion , and that not an altar , but a faire joyned table : canons of the convocation , 1571. pag. 18. and that the altars were removed by law , and tables placed in their stead , in all , or the most churches in england , appeares by the queenes injunctions , 1559. related unto , and so confirmed in that point by our canons still in force . and therefore ( i know ) you will not change a table into an altar , which vicars were never inabled to set up , but allowed once with other's to pull downe . injunction of 1● . elizab. for tables in the church . for the second point . that your communion table is to stand altar-wise , if you meane in that place of the chancell , where the altar stood , i thinke somewhat may be said for that ; because the injunctions 1559. did so place it ; and i conceive it to be the most decent situation , when it is not used , and for use too , where the quire is mounted up by steps , and open , so that hee that officiates may bee s●ene and heard of all the congregation . such an one i heare your chancell is not . but if you meane by altar-wise , that the ta●le should stand along close by the wall , so as you be forced to officiate at one end thereof ( as you may have observed in great m●ns chappels : ) i do not believe that ever the communion tables were ( otherwise than by casualtie ) so placed in countrey churches . for , besides that , the countrey-people would suppose them dressers , rather than tables ; and that qu. elizabeths comissioners for causes ecclesiasticall , directed that the table should stand , not where the altar , but where the steps of the altar formerly stood . orders 1561. the minister appointed to reade the communion ( which you , out of the booke of fast in 1● . of the king , are pleased to call , second service ) is directed to reade the commandements , not at the end , but at the north-side of the table , which implies the end to bee placed towards the east great window , rubrick before the communion . nor was this a new direction in the queenes time onely , but practised in king edward's raigne , for in the plot of our liturgie sent by mast knox , and whittingham to mas●er calvin in the raigne of queene mary , it is said , that the minister must stand at the north-side of the table . troubles at frankford . pag. 30. and so in king edward's liturgies , the ministers standing in the middest of the altar , 1549. is turned to his standing at the north-side of the table , 1552. and this last liturgie was revived by parliament , 1● . eliz. cap. 2. and i believe it is so used at this day in the most places of england . what you saw in chappels , or cathedrall churches is not the point in question , but how the tables are appointed to be placed in parish churches . in some of the chappels and cathedrals , the altars may be still standing , for ought i know ; or to ma●e use of their covers and ornaments , tables m●y be placed in their roome , of the same length and fashion the altars were of . wee kn●w the altars stand still in lutheran chu●ches ; and the apologie for the augustan confession , art. 12. doth allow it . the altars stood a yeare or two in king edwards times , as appeares by the liturgie print●a 1549. and it seemes the queenes commissioners were content they should stand , as w●e may guesse by the injunctions , 1559. but how is this to be understood ? the sacrifice of the altar abolished , these ( call them what you will ) are no more altars , but tables of stone or tymber ; and so was it alleaged 24 novem. 4● . edw. 6. 1549. sublato enim relativo formali , manet obsolutum & materiale tantum . and so may be well used in kings and bishops houses , where there are no people so void of understanding , as to bee scandalized . for upon the orders of breaking downe altars , all diocesses did agree upon receiving tables , but not upon the fashion and forme of the tables . acts and monum . pag. 1212. besides that , in the old testament , one and the same thing is termed an altar and a table . an altar , in respect of what is there offered unto god , and a table in respect of what is there participated by men , as for example , by the priests ; so ha●e y●u go●'s altar ; the verie same with god's table in malachie 1. v. 7. the place is worth the marking . for it answers that very obj●ction out of heb. 13. 10. which you made to some of y●ur fellow ministers ; and one master morgan before you to peter martyr , in a disputation at oxford . wee have no altar in regard of an oblation , but wee have an altar in regard of participation , and communion granted unto us . the use of an altar is to sacrifice upon , and the use of a table is to eate upon ; and because communion is an action most proper for a table , as an oblation is for an altar , therefore the church in her liturgie , and canons , calling the same a table onely , doe not you call it an altar ? in king edwards liturgie of 1549. it is every where , but in that of 1552. it is no where called an altar , but the lords boord . why ? because the people being scandalized herewith in countrey churches , first beats them downe de facto , then the supreme magistrates by a kind of law puts them down de jure , and setting tables in their roomes , tooke from us , the children of the church and common-wealth , both t●e name and the nature of former altars , as you may see . injunction 1559. referring to that or●er of king edward in his councell mentioned , acts and monum . pag. 1211. and i hope you have more learning than to conceive the lords table to be a new name , and so to bee ashamed of the name . for , besides that christ himselfe instituted this sacrament upon a table , and not upon an altar , as archbishop cranmer observes , and others , act ▪ and monum . pag. 1211. it is in the christian church 200 yeares more ancient , than the name of an altar , as you may see most learnedly prooved out of saint paul , origen , and arnobius , if you doe but reade a booke that is in your church , iewel against harding of private masse . art. 3. p. 143. and whether this name of altar crept into the church in a kinde of complying in phrase with the people of the iewes , as i have read in chemnitius , gerardus , and other sound protestants , ( yet such as suffer altars to stand ) ; or that it proceed from these oblations made upon the communion table , for the vse of the priest , and the poore , whereof wee reade in iustin martyr , iraeneus , tertullian , and other ancient writers ; or because of the sacrifice of praise , and thankesgiving , as arch-bishop cranmer , and others thought , acts and monuments , pag. 1211. the name being now so many yeares abolished , it is fitter in my iudgement , that the altar ( if you will needes so call it ) should according to the canon , stand tablewise , than your table to trouble the poore towne of gr. because erected otherwise . lastly , that your table should stand in the higher part of the church , you have my assent already in opinion : but that it should be there fixed , is so farre from being canonicall , that it is directly against the canon . for what is the rubrick of the church , but a canon ? and the rubrick saith , it shall stand in the body of the church , or of the chancell , where morning praier , and evening prayer be appointed to be read ; if therefore morning and evening prayer bee app●inted to be read in the body of the church , ( as in most countrey churches it is ) where shall the table stand most canonically ? and so is the table made removeable , when the communion is to be celebrated , to such place as the minister may be most conveniently hea●d by the communicants , by qu. eliz. injunct . 1559. and so saith the canon in force , that in the time of the communion , the table shall bee placed in so good sort within the church and chancel , as therby the minister may be more conveniently heard , can. 82. now iudge you 〈…〉 and you shall bee satisfied . iewel against harding of private masse . art. 3. p. 145. the sum of all is this . 1. you may not erect an altar , where the canons onely admit a communi●n table . 2. this table must not stand altarwise , and you at the north end thereof , but tablewise , as you must officiate at the northside of the same . 3. this ta●le o●ght to bee laid up ( decently covered ) in the chancell onely , as i suppose , but ought not to be officiated upon , either in the first or second service ( as you 〈◊〉 ) but in that place of the church or chancell , where you may be seene and heard of all ; though peradventure you be with ●im in tacitus , master of your owne , yet are you not of other mens eares ; and therefore your parishioners must be iudges of your audiblenesse in this case . whether side soever ( you or your parish ) shall yeeld to th' other , in this needlesse controversie , shall remaine , in my poore iudg●ment , the more discreet , grave , and learned of the two : and by that time you have gained some more experience in the cure of soules , you shall finde no such ceremonie , as christian charitie ; which i recommend unto you , and a● ever , &c. finis . a short view of the life and reign of king charles (the second monarch of great britain) from his birth to his burial. heylyn, peter, 1600-1662. this text is an enriched version of the tcp digital transcription a43552 of text r213444 in the english short title catalog (wing h1735b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 173 kb of xml-encoded text transcribed from 83 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a43552 wing h1735b estc r213444 99825827 99825827 30218 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a43552) transcribed from: (early english books online ; image set 30218) images scanned from microfilm: (early english books, 1641-1700 ; 1795:1) a short view of the life and reign of king charles (the second monarch of great britain) from his birth to his burial. heylyn, peter, 1600-1662. [4], 163, [1] p. : ill. (port.) printed for richard royston, at the angel in ivy-lane, london : 1658. by peter heylyn. running title reads: the life and reign of king charles. reproduction of the original in the harvard university library. eng charles -i, -king of england, 1600-1649 -early works to 1800. a43552 r213444 (wing h1735b). civilwar no a short view of the life and reign of king charles, (the second monarch of great britain) from his birth to his burial. heylyn, peter 1658 29431 41 10 0 0 0 0 17 c the rate of 17 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2005-11 tcp assigned for keying and markup 2006-03 spi global keyed and coded from proquest page images 2006-04 jonathan blaney sampled and proofread 2006-04 jonathan blaney text and markup reviewed and edited 2006-09 pfs batch review (qc) and xml conversion a short view of the life and reign of king charles , ( the second monarch of great britain ) from his birth to his burial . tacit. hist. lib. i. alii diutius imperium tenuerunt , nemo tam fortiter reliquit . london , printed for richard royston , at the angel in ivy-lane . 1658. a short view of the life and reign of king charles . ( the second monarch of great britain ) from his birth to his burial . our chronicles tell us of a man in queen elizabeth's time that wrote the ten commandments , the creed , the pater-noster , the queens name , and the year of our lord within the compasse of a peny ; and gave the queen a paire of spectacles of such an artificiall making , that by the help thereof she did plainly and distinctly discern every letter . the contracting of the life and reign of king charles in so narrow a compasse as i have limited to my self , may seem to be a work of no lesse difficulty . and yet i hope to do it in such a plain and perspicuous manner , that every one who runs may read it without the help of any such spectacles as our chronicles speak of . to brevity i am injoyned , and it must be my businesse to avoid all obscurity ; though i am conscious to my self , that i shall draw this picture with too much shadow . but i take the pencil into my hand , and thus form my lines . 1600. charles , the third son of james the sixth king of the scots , and of anne his wife , daughter of frederick the second , and sister of christiern the fourth , kings of denmark , was born at dunfermeling ( one of the principall towns of fife ) in scotland , on the nineteenth day of november anno 1600. derived by a long descent of royall ancestors from malcolm conmor king of the scots , and the lady margaret his wife , sister and sole heir of edgar atheling , the last surviving prince of the english saxons . so that his title had been good to the crown of england , though he had borrowed no part of his claim from the norman conquerour . which i observe the better to encounter the extravagant follies of some men in the book called antinormanisme , and some other pamphlets of that time : in which it is affirmed that this king had no other right to the crown , then what he claimed from that conquest ; and therefore that the english nation having got the better of him by the sword , might lawfully free themselves from that subjection , which by no other title then the sword of the normans had been laid upon them . at his first coming into the world he was so weak and unlike to live , that his christening was dispatcht in haste , without attending the performance of those solemnities which are accustomably used at the baptisme of such princely infants . and as the name of henry was given to the prince , his elder brother , with reference to henry lord darnlie , the father of king james by mary queen of scots ; so was this younger son called charles , in relation to charles earle of lenox , the younger brother of that henry , and by consequence uncle to king james . 1602. having received some measure of strength , he was at the age of two years created duke of albany , marquesse of ormond , earle of rosse , and baron of ardmanock ; of which four titles the two first and the last are wholly at the kings disposing , to be bestowed on whom he pleaseth . but the earldom of rosse falling unto the crown in the time of king james the third , was so setled in the crown by act of parliament , that it is not lawfull for the king to sell , alienate , or dispose the same unto any other , then to the second son of scotland . 1603. on the 26. of march next following , anno 1603. king james had news by sir robert cary , one of the younger sons of the lord hunsdon ( who had stole a posting journey thither ) that queen elizabeth was dead , contrary to the opinion of many of his scottish courtiers ; who being wearied with the tediousnesse of their expectation , did believe at last , that it should never be acknowledged by the lords of england that the queen was dead , as long as there was any old woman of that nation left , to weare good clothes , and take the name of queen upon her . for bringing which news the duke of albany ( as if he were more concerned in it then all the rest of the kings children , as indeed he was ) was afterwards committed to the governance of sir roberts lady , and he himself from that time forwards of principall esteem and place about him . this news being seconded by that of the proclaiming of king james , for her true and lawfull successor in the imperiall crown of this realm , the king prepared himself for england . at what time ( as i have been told by some persons of quality ) a certain laird of the highlands , though of very great age , came to his court , to take his leave of him , whom he found accompanied with all his children , the young duke being then held in his nurses armes . his addresse unto the king consisted of prayers for his long life and prosperity ; and those prayers intermixt with some desires , that in the midst of the felicities and glories of the english court , he would not be unmindfull of his native countrey . which having said , without taking any great notice of the prince , he applyed himself wholly to the duke , whose hands he kist with such an ardency of affection , as if he meant they should grow for ever to his lips . and when the king told him , that he had mistook himself in his addresses to the infant , as not being his eldest son , and prince of scotland ; he answered , that he knew well enough what he did , and that it was this child in whom his name and memory was to be perpetuated to succeeding ages , with other speeches of like nature . which being then either unregarded , or imputed unto age and dotage , were called to mind after the death of prince henry , and then believed to have something in them of a prophetical spirit . 1603. but to proceed . on the fifth day of april in the year 1603. king james began his journey for england , and in the end of may , the queen accompanied with prince henry , and the lady elizabeth , set forwards also ; finding at berwick a noble train of lords and ladies sent thither from the court to attend her coming , and wait upon her in her journey . 1604. the next year order was given for bringing the young duke to the court of england . but before such as had the charge of him could begin their journey , the young duke was taken with a feaver . which being signified to the king , he sent thither doctor atkins one of his physicians , who in six weeks restored him to such a degree of health as made him fit to be removed to a warmer aire , and a more comfortable climate . on the sixteenth of july this remove began , which brought him by short and easie stages in the first week of october , to windsor castle , where the king then was , by whom he was committed to the governance of the lady cary , as before is said . and not long after , for his better welcom into england , he was on the sixth day of january next following ( commonly called twelfth-day ) invested solemnly with the title of duke of york by cincture of a sword , imposition of a cap and coronet of gold upon his head , and by delivering unto him a verge of gold ; himself with ten others of eminent nobility , having been made knights of the bath ( with all the accustomed ceremonies ) the day before . 1606. in the sixth year of his age , he was taken from the charge of his women ( though not from the motherly superinspection of the lady cary ) and committed to the pedagogy of master thomas murray , a scot by nation ; sufficiently qualified for that service , but otherwise ill principled in the rites and ceremonies in which the church of england differed from the kirke of scotland . 1610. under this tutor the young duke advanced exceedingly in the way of good letters ; the weaknesse of his lower parts , which made him unapt for exercises and feats of activity , rendring him more retired and studious , and more intent upon his book then he had been otherwise . which prince henry taking notice of , as he , the young duke , dr. abbot then newly made arch-bishop of canterbury , with many of the nobility , were waiting in the privie-chamber for the kings coming out ; the prince ( to put a jest upon him ) took the arch-bishops square-cap out of his hand , and put it on his brothers head , telling him that if he continued a good boy , and followed his book , he would make him one day arch-bishop of canterbury . which the child took in such disdain , that he threw the cap upon the ground , and trampled it under his feet , not being without much difficulty and some force taken off from that eagernesse . this , though at first it was not otherwise beheld then as an act of childish passion , yet when his brother prince henry dyed , and that he was heir apparent to the crown , it was taken up by many zealous church-men for some ill presage unto the hierarchy of bishops , the overthrow whereof by his act and power did seem to be foresignified by it . but in that their fears were groundlesse , and their conjectures no better grounded then their fears , there never being a more gracious patron to the church , nor a more resolute champion in behalf of the hierarchy then he proved to be ▪ what is presaged ( if there were any presaging in it ) in reference to the archbishops person , may be shewen hereafter . 1611 , 1612. in the eleventh year of his age , he was made knight of the most noble order of the garter , and on the sixth day of november , anno 1612. he lost his brother prince henry , whom he immediately succeeded in the dukedome of cornwall , with all the royalties , rents , profits , and commodities of it ; according to the entail which was made thereof by king edward the third , when he conferred it upon edward the black prince , his eldest son . the first solemn act which he appeared in after this change of his condition , was at the funerall of prince henry on the 7. of decem. following , at which he attended as chief mourner . and on the 14 of february then next ensuing , being sunday , and st. valentines day , he performed the office of a brideman ( a paranymph the grecians call him ) to the princesse elizabeth his sister , married upon that day to frederick the fifth , prince elector palatine : a marriage which drew him afterwards into many cares and great expences , of which more hereafter . in his childhood he was noted to be very wilful , somewhat inclining to a perversenesse of disposition , which might proceed from that retiredness which the imperfection of his speech , not fitting him for publick discourse , and the weakness of his limbs and joynts ( as unfit for action ) made him most delight in . but now being grown both in years , and state , he began to shake off that retirednesse , and betake himself to all manner of man-like exercises ; such as were vaulting , riding great horses , running at the ring , shooting in crosse bowes , muskets , and sometimes in great pieces of ordnance , in which he became so perfect , that he was thought to be the best marks-man , and the most comely mannager of a great horse of any one in all three kingdoms . and as he shaked off this retirednesse , so he corrected in himself the peccancy of that humour which had grown up with it ; there being no man to be found of an evener temper , more pliant to good counsel , or lesse wedded then he was to his own opinion . 1616. on the third of november , anno 1616. he was at white-hall ( with all the accustomed solemnities ) created prince of wales , earl of chester and flint , and put into the actuall possession of all the regalities , profits , and commodities belonging to them ; his houshould being then formed and constituted , and all the officers of state , which belong unto him , appointed to their severall places . and now it was expected that he should break out into more glory then he had done formerly , and take upon him as the heir of so great an empire . but considering very wisely that the forward and enterprizing nature of his brother prince henry , the popularity which he affected , and the great resort of young noble-men continually unto his court , had been displeasing to his father ; resolved to keep himself at a close ward , and not to seem so great as he was , that when time served , he might appear greater then he seemed to be . old princes do not love to have their eldest sons too active , and to tread too close upon their heels ; and therefore many times do enterpose the power of a favorite to keep them at the greater distance . a policy much used by king james in the whole course of his government , who for that cause in the life-time of prince henry , took sir robert carr into his most especiall favour , whom he first made gentleman of his bed-chamber , and on the twenty fifth of march anno 1611. created viscount rochester , and the same year made knight of the garter also , conferring on him all the power and trust he was capable of ; that by the greatnesse of the one he might keep down the daring nature and confident spirit of the other . prince charles understood this well enough , and carried himself with so much prudence , that he disputed not the power of his fathers favourites , suffering all honour , offices , and other matters at the court to be carried by them as best pleased the king . which though it was generally ascribed unto pusillanimity , and the defect of spirit in him , yet was it look'd upon as an act of the greatest wisedom by more knowing men . for had he any wayes crost the designs and councels either of carr then earl of sommerset , or of the duke of buckingham , his fathers favourites ( who at that time did much out-shine him ) he had not only incurred the kings displeasure , but of necessity must have divided the court , and by consequence the kingdom also into severall factions , each labouring to advance their own , though to the ruine and destruction of the publick peace . onely to take off somewhat of the imputation , he made so much use of his power and interesse with the king , as to prefer three of his servants unto titles of honour , anno 1621. viz. sir robert cary chamberlain of his houshold , to the title of lord cary of lepington ; sir thomas howard , second son to the earl of suffolk , and master of his horse , to the honour of viscount andover , and lord howard of charlton ; and sir john vaughan controller of his houshold , to the honour of lord vaughan of molingar in the realm of ireland . 1618. on the eighteenth day of november anno 1618. there appeared a great blazing star , the fore-runner of many woful events in these parts of christendom . but the first sad effect thereof which we found in england , was the death of queen anne , which hapned on tuesday the second of march next following . a losse which the prince bare with great equanimity , or evennesse of spirit ; neither banishing all shews of grief with a stoical apathie , nor spending his time in too much womanish lamentation . at the funerall of this great queen , he was principall mourner , and it became him so to be ; she having always been to him a tender and indulgent mother , expressing more affection to him then to all the rest of her children . 1619. not long after the death of the queen , king james fell very sick at newmarket , and having a desire to come to london , advanced on his way as far as royston , where he was fain to stay till his sickness was over , which at last became so dangerous , that his death was feared . at what time dr. andrews bishop of winchester attending on him , bewailed with great affliction the sad condition which the church was like to fall into , if god should take away his life , the prince being in the hands of the scots , which made up the greatest part of his houshold , and not well principled by those which had the tutelage of him , either as to the government or liturgie of the church of england . the king acknowledgeing this sad truth , and condemning his own negligence in it , made a solemn vow , that if god would be pleased to restore him to his health , he would take the prince into his own immediate care , instruct him in the controversies of religion , and set him on so right a bottome , that there should be no fear of his disaffection either unto the hierarchy , or the rites and ceremonies of the church ; which he did accordingly . and he did it so effectually , that at such time as the prince made his journey into spain , and that some principal persons in all the places and offices belonging to him , were to follow after , dr. maw , and dr. wren , two of his chaplains being appointed for that service , came to king james to know his pleasure and commands . the king advised them not to put themselves upon any unnecessary disputations , but to be onely on the defensive part , if they should be challenged . and when it was answered that there could be no reason to engage in such disputations , where there could be no moderator ; the king replied , that charles should moderate between them and the opposite party . at which when one of them seemed to smile on the other , the king proceeded , and told them , that charles should manage a point in controversie with the best studied divine of them all ; and that he had trained up george so far as to hold the conclusion , though he had not yet made him able to prove the premisses . 1619. on friday the twenty fourth of march , anno 1619. the prince with the marquesse of hamilton , marquesse of buckingham , divers earls and others performed great justing at white-hall in honour of the day , being the day of king james his happy coming to the crown of england . 1620 and on the sunday after , being mid-lent sunday , he attended his father to s. pauls crosse , conducted in a most solemn manner from temple bar to that church by the lord major and aldermen , and at the entrance into the church , received by the dean and chapter in their rich copes , and other ecclesiasticall habits , and by them conducted into the quire ; where having heard the divine service for that day most solemnly performed with organs , cornets , and sagbots , they went to a prepared place where they heard the sermon at the crosse preacht by dr. king , then lord bishop of london ; and from thence unto the bishops palace , where they were entertained with a banquet . infinite was the concourse of people at both those solemnities , and all of them returned with great joy and comfort to see him so bravely accomplisht in the one , so devoutly reverent in the other . 1622. on tuesday the eighteenth of february , anno 1622. accompanied with the duke of buckingham , m. erdimion porter , and m. francis cottington ; he took ship at dover , arrived at bulloign in france , and from thence rode post to the court of spain . the occasion this ; frederick prince elector palatine had inconsiderately taken on himself the crown of bohemia , an. 1619. and for so doing , was by the emperor deprived of his ancient patrimony ; the electorall dignity together with the upper palatinate being conferred on the duke of bavaria , and the lower on the k. of spain , who possest himself of all of it except the towns of heidelberg , frankendale , and manheim , well manned and garrisoned by the english . for the preserving of which places , and the recovery of the whole , when all means else had proved ineffectuall , it was held most expedient to negotiate a marriage betwixt prince charles and the daughter of spain . which being first managed by the leiger embassadors in both courts , was afterwards prosecuted with more particular instructions by john lord digby ( well verst and studied in that court ) whom the king sent as his embassador extraordinary to conclude the match . but digby being fed with delaies from one time to another , it was resolved by king james , without making any of his councel acquainted with it , that the prince himself should go in person , that he might either speed the businesse , or break off the treaty . according to this resolution he began his journey , no otherwise accompanied or attended then with those three persons above mentioned , all of them passing in disguise , to avoid discovery . being come to paris , they adventured to see the court , where at a mask , he had a view of that most excellent princesse whom he after married . but no sooner had he left the city , then the french king had advertisement of his being there , who thereupon dispatcht away severall posts to stay him in his journey , and bring him back ; but the prince had past beyond bayonne , the last town in france , without being overtaken by them , and posting speedily to madrid , entred the lord embassadors lodging , without being known to any but his confidents onely . news of his safe arrivall there being brought to the king , there was a present order taken for the sending of some of his servants of all sorts , to attend upon him in that court , that so he might appear amongst them in the greater lustre . but this lessened not the cares and feares of the english subjects , who could not be more glad to hear of his safety , then they were afraid of the danger which he had incurred . for having put himself into the power of the king of spain , it was at the courtesie of that king whether he should ever return or no : it being a maxime amongst princes , that if any one without leave sets foot on the ground of another , he makes himself his prisoner . philip the first of spain and duke of burgundy , being cast by tempest on the coast of england , was here detained by king henry the seventh , till he had delivered up the earle of suffolk , who had fled for refuge to his court : and mary queen of the scots , being forced by her rebellious subjects to fly into this realm , was presently seized on as a prisoner , and so continued till her lamentable and calamitous death . so in like manner richard the first of england , passing in disguise through some part of the dominions of the arch-duke of austria , was by him took prisoner , and put unto an heavy ransome ; and not long since charles lodowick the now prince elector palatine posting through france , in hope to get the command of duke bernards army , was stayed in the middle of his journey by the kings command , and kept so long under restraint , that he lost the opportunity of effecting his purprose . this , though it was the generall fear and apprehension of the english subjects , yet no body durst acquaint the king with it , but archee the fool , who going boldly to the king , as he found him once in a good humour , told him that he was come to change caps with him . why , said the king ? marry , saies archee , because thou hast sent the prince into spain , from whence he is never like to returne . but said the king , what wilt thou say when thou seest him come back again ? marry , saies archee , i will then take off the fools cap which i put upon thy head , for sending him thither , and put it on the king of spains , for letting him return . at which words , it is reported , that the king became exceeding pensive , never before so much apprehending the danger of that adventure , as then and afterwards he did . 1623. but the generous spaniard intended to make no such market of him , but gave him all the royall entertainment which a princely suitor might expect . nor was the prince wanting for his part in all fit compliances by which he might both gain on them , and preserve himself . for by his courtly garb he won so much on the affections of the infanta , and by his grave and circumspect behaviour got so much ground upon the king and his councel , that the match went forward in good earnest . the articles of the marriage with all the circumstances thereof were agreed upon , and solemnly sworn to by both kings . nor was the pope wanting in the grant of a dispensation ( without which nothing could be done ) writing a letter to the prince , who returned to him a civil answer , which afterwards was reckoned amongst his crimes , by such as rather would not then did not know the necessity which lay upon him , of keeping at that time a plausible correspondence with the catholick party . but as for his religion , the change whereof was moved by the pope , and much hoped for by the court of spain at his first coming thither , he shewed so many strong evidences of his constancy in it , that those hopes soon vanished . and that it might appear , that he professed no other religion , then what was agreeable to the rules of antiquity , and not much abhorrent from the formes then used in the church of rome , the english liturgie was by the care of the lord keeper williams translated into the spanish tongue ; and so many copies of the book then printed sent into spain , as gave great satisfaction in that point to the court and clergy . and this i must needs say was very seasonably done , the spaniards being till then perswaded by their priests and jesuits , that when the english had cast off the pope , they had cast off also all religion , and became meer atheists ; the name of god being never used amongst them , but with a purpose to expose it unto scorn and prophanation . insomuch that the constable of castile , being sent to swear the peace concluded with spain , when he understood the businesse was to be performed in the chappel , where some anthems were to be sung , desired that whatsoever was sung , gods name might not be used in it , and that being forborn , he was content they should sing what they listed . king james himself so relates the story in arch-bishop spotswood , fol. 530. but the prince had another game to play , namely , the restitution of the palatinate ; which the spaniard would not suffer to be brought under the treaty , reserving it ( as they pretended to be bestowed by the infanta after the marriage , the better to ingratiate her self with the english nation . which being a point of too great moment to depend upon no other assurance then a court-complement , he concluded with himself that since he could not prevaile in the one , he would not proceed unto the consummation of the other . and hereupon he was much edged on by the duke of buckingham , who having conceived some deep displeasure against the conde de olivarez , the speciall favourite of that king , desired rather that all treaties should be broken off , then that any alliance should be made in which that conde had appeared so instrumentall . but it did concern the prince so to provide for his own safety , that no intimation might be made of the intended rupture , till he had unwinded himself out of that labyrinth into which he was cast . for which cause having desired of his father that some ships might be sent to bring him home , he shewed himself a more passionate lover then ever formerly , and made a proxie to the catholick king and don charles his brother , in his name to espouse the lady infanta ; which proxie he left with digby , not long before made earl of bristol , by him to be delivered within some few daies after the coming of the expected dispensation . but no sooner had he took his leave , and was out of danger , but he dispatcht a post unto him , commanding him not to deliver up the proxie untill further order . and having so done , he hois'd sails , and came for england , arriving at portsmouth on sunday the fifth of october , anno 1623. from whence by post-horses he past to london , the next morning , and so by coach to the king at royston , to the great content of all the kingdome , declared by bells , bonfires , and all other the accustomed expressions of a publick joy . the king being made acquainted with all particulars , and that no assurance could be had of the restitution of the palatinate , by the advice of his privy councel , dispatcht a command to the earl of bristol , not to deliver up the proxie unlesse the businesse of the palatinate were concluded also ▪ the expectation whereof not being answered by successe , a parliament is summoned , to begin on the sixteenth day of february then next following , to the end that all things might be governed in this great affair by the publick counsel of the kingdom . not long after the beginning whereof , the duke declared before both houses ( more to the disadvantage of the spaniard then there was just ground for ) how unhandsomely they had dealt with the prince , when he was in spain ; how they had fed him with delaies ; what indignities they had put upon him , and finally had sent him back not onely without the palatinate , but without a wife ; leaving it to their prudent consideration what course to follow . it was thereupon voted by both houses , that his majesty should be desired to break off all treaties with the king of spain , and to engage himself in a war against him for the recovery of the palatinate , not otherwise to be obtained . and that they might come the better to the end they aimed at , they addresse themselves unto the prince , whom they assured , that they would stand to him in that war to the very last expence of their lives and fortunes ; and he accordingly being further set on by the duke , became their instrument to perswade his father to hearken to the common votes and desires of his subjects , which the king , prest by their continuall importunities , did at the last assent to . but in the conduct of this businesse , the prince consulted more the dukes passion , and the pleasing of the commons in parliament , then either his own or the regall interesse . for there is nothing more unsafe for a king of england , then to cast himself upon the necessity of calling parliaments , and depending on the purse of the subject . by means whereof he makes himself obnoxious to the humour of any prevailing member in the house of commons , and becomes lesse in reputation both at home and abroad . the commons , since the time of king james , have seldome parted with a peny ▪ but they have paid themselves well for it out of the prerogative . and this appeared by their proceedings in this very parliament : for though they had ingaged the king in a war with spain , and granted him three subsidies and three fifteens toward the beginning of that war ; yet would they not suffer that grant to passe into an act of parliament , till the king had yielded to another against concealments . insomuch as it was affirmed by justice dodderidge , at the next publick assizes held in oxford , that the king by passing that act , had bought those subsidies and fifteens at ten years purchase . nor dealt they otherwise with this prince then they did with his father , those very commons who had ingaged him in the warre , and bound themselves to make good that ingagement with their lives and fortunes , most shamefully deserting him in the first parliament of his reign , and after working more and more upon his necessities , till they had robbed him of the richest jewels in the regal diadem . 1624. but to proceed , the treaty with spain being like to come to a rupture , it was judged necessary to counterballance the power of that king by negotiating a match with the princesse henrietta maria , the youngest daughter of france ; first set on foot by the mediation of the earl of holland , who found that court inclinable thereunto , and afterwards concluded at the coming over of the earl of carlile , joyned in commission to that purpose . it was reported , that when she was told that the prince of wales had been at the court , and was gone for spain ; she answered , that if he went to spain for a wife , he might have had one nearer hand , and saved himself a great part of the trouble . and i have read , that receiving at one time two letters from england , the one from king james , and the other from the prince , she put that from king james into her cabinet , and that from prince charles into her bosom . of which king james being told , he was exceedingly pleased with it , saying , that he took it for a very good omen , that she should preserve his name in her memory , and lodge charles in her heart . 1625. during these preparations for war and marriage , king james departed this life at theobalds on sunday the twenty seventh of march , anno 1625. immediately upon whose death prince charles was proclaimed at the court-gates to be king of great britain , france and ireland , &c. the like done presently after at london , and by degrees in all the other cities and towns of the kingdom , with infinite rejoycings and acclamations of the people . the funeralls of the deceased king were celebrated on the seventh of may , his body being brought from somerset-house with great magnificence to saint peters church in westminster ( where he was interred ) the king himself being principall mourner . which though it were contrary to the custome of his predecessours , yet he chose rather to expresse his piety in attending the dead body of his father to the funerall pile , then to stand upon any such old niceties and points of state . the funerall being past , he thought it was time for him to quicken the coming over of his dearest consort , to whom he had been married on the sunday before at the church of nostre-dame in paris ; the duke of chevereux a prince of the house of guise ( from which house king charles derived himself by the lady mary of lorain , wife to james the fifth ) espousing the princesse in his name . on trinity sunday , late at night , she was brought by a royall fleet of ships from bulloign to dover , which being signified to the king who was then at canterbury , he went to her betimes the next morning , and received her with great expressions of affection , professing that he would be no longer master of himself , then whilest he was a servant to her . the same day he brought her to canterbury , where he gave himself up to those embraces , to which from that time he confined himself with such a conjugal chastity , that on the day before his death he commanded his daughter the princesse elizabeth to tell her mother , that his thoughts had never straied from her , and that his love should be the same to the last . on the thursday after , being the sixteenth of june , they came from gravesend to white-hall in their royal barges , attended with an infinite number of lords , ladies , and other people who could get boats to wait upon them ; the ordnance from the ships which were then preparing for the wars , those from the merchants ships , and the tower of london , thundering her welcome as she past . but in the heat of these solemnities and entertainments , the king forgat not the main concernments of himself and the kingdome , and to that end began his first parliament on saturday the eighteenth of june , which fell out not unseasonably , that the french lords might see with what royall magnificence he was attended by the peers , prelates , and other officers of state ( besides his own domestick servants ) to the parliament-house . at their first meeting , he put them in mind of the war in which they had ingaged his father , and of the promise they had made to stand to him in it with their lives and fortunes ; that both his land and sea-forces were now in readinesse to set forwards , and that there wanted nothing but a present supply of money to quicken and expedite the affair . in answer whereunto , the commons past a bill of two subsidies onely , so short of the excessive charge which the maintenance of so great a fleet and army required at their hands , that being distributed amongst the officers , souldiers , and mariners , it would scarce have served for advance-money to send them going . which notwithstanding , the king very graciously accepted of it , taking it as an ernest of their good affections , in reference to the greater summes which were to follow . but the plague growing hot in london , the parliament on the eleventh day of july was adjourned to oxford , there to be held on the first of august , at what time the king put them in mind again of the necessity of setting forward his fleet , and that the eyes of his confederates were fixt upon it . but the commons had other fish to fry , and began to quarrel at the greatnesse of the duke of buckingham , whom in the last parliament of king james they had idolized above all men living . but he had served their turn already , and now they meant to serve their own . this was the first assault which the commons made upon this king , though not directly on his person , wounding him through the sides of his principal minister ; they were so well verst in the arts of a parliament-war , as to take in the out-works first , that so the fort it self might lie the more open to continuall batteries . concerning which , and the sad consequents thereof , take here the words of a letter written to the king from an unknown person . these men , saith he , either cannot or will not remember , that never any noble man in favour with his soveraign , was questioned in parliament , except by the king himself in case of treason , or unlesse it were in the nonage and tumultuous time of richard the 2. henry the 6. or edward the 6. which hapned to the destruction both of the king and kingdome . and that , not to exceed our own and fathers memories , in king henry the eight's time , wolsies exorbitant power and pride , and cromwels contempt of the nobility and the lawes , were not yet permitted to be discussed in parliament , though they were most odious and grievous to all the kingdome . and that leicesters undeserved favour and faults ; hattons insufficiency , and rawleighs insolence far exceeded what yet hath been ( though most falsly ) objected against the duke ; yet no lawyer durst abet , nor any man else begin any invectives against them in parliament . and then he addes ( some other passages intervening ) that it behoves his majesty to uphold the duke against them , who if he be but decourted , it will be the corner-stone on which the demolishing of his monarchy will be builded . for if they prevaile with this , they have hatched a thousand other demands to pull the feathers of the royalty , they will appoint him counsellours , servants , alliances , limits of his expenses , accompts of his revenue , chiefly if they can ( as they mainly desire ) they will now dazle him in the beginning of his reign . how true a prophet this man proved , the event hath shewn , and the king saw it well enough , and therefore since he could not divert them from that pursuit , he dissolved the parliament , by whose neglect ( i will not call it a perversenesse ) the fleet went out late , and returned unprosperously . in which conjuncture , if he had clapt up a peace with spain , ( which the spaniards had as much reason to accept as he to offer ) he might have prevented the following rupture betwixt him and france , and freed himself from the necessity of calling parliaments , till he had no necessity for a parliament to work upon , and then he might have found them as pliant to him as he could reasonably require . but he resolves to try his fortune in another as soon as he had performed the solemnities of his coronation , which was celebrated on the second of february , ( commonly called candlemas day ) then next ensuing . in the externall pomp whereof , he omitted his triumphant riding thorow the city from the tower to white-hall , the charge whereof would have stood him in sixty thousand pounds , as some compute it ; and he had then more necessary occasions to expend his money , then money to answer those occasions . in the sacred part of it , there was nothing altered , but the adding of a clause to one of the prayers which had been pretermitted since the time of king henry the sixth , and is this that followeth , viz. let him obtain favour for the people , like aaron in the tabernacle , elisha in the waters , zacharias in the temple ; give him peters key of discipline , pauls doctrine . which clause had been omitted in time of popery , as intimating more ecclesiasticall jurisdiction to be given to our kings then the popes allowed of ; and for the same reason was now quarrel'd by the puritan faction . as for the coronation-oath , it was the same which had been taken by his predecessors , as appears by the records of exchequer ; not made more advantageous to the king , and lesse beneficiall to the people by the late archbishop , though both the long parliament in the year 1642. and the lewd pamphlets of that time did object the contrary . the coronation being passed over , he began his second parliament on the sixth of the same moneth , in which he sped no better then he did in his first . the commons voted some subsidies to be granted to him , but they never past them into act , that bait being onely laid before him , to tempt him to give over the duke to their pride and fury , against whom they had framed a large impeachment ushered in by sir dudley diggs , prosecuted with six bitter invectives , made by the best speakers and most learned lawyers of that house , and finally concluded by sir john eliot , who brought up the rear . 1626. but the king easily perceived that his royal father and himself were as much concerned in it as the duke , their favours being made his crimes , and their authority in bestowing offices and honours on whom they pleased , not obscurely questioned . but the storm went higher then the duke , some part of it falling down-right on the king himself ; it being openly affirmed in the house of commons by one mr. coke ( a true chip of the old block ) that it was as good to die by a forraign enemy as to be destroyed at home . of this reproach , tending so much to the dishonour of his government , he complained in a speech before both houses , but without any remedy . and being further incensed by the noise of a declaration which they had then upon the anvil , he dissolved the parliament on the eighteenth day of june then following . no sooner was he freed from this , but the necessity of his affairs involved him in another embroylment . the french priests and domesticks of that nation which came into england with the queen , were grown so insolent , and had put so many affronts upon him , that he was forced to send them home ; in which he did no more then what the french king had done before him , in sending back all the spanish courtiers which his queen brought with her . but the french king not looking on his own example , and knowing on what ill termes the king stood both at home and abroad , first seized on all the merchants ships which lay on the river of burdeaux , and then brake out into open war . so that the king was fain to make use of those forces against the french , which were designed to have been used against the spaniard , and to comply with the desires of the rochelers , who humbly sued for his protection and defence . but the fleet not going out till after michaelmas , found greater opposition at the sea then they feared from the land ; being encountred with strong tempests , and thereby necessitated to return without doing any thing , but onely shewing the kings good-will and readinesse toward their assistance . 1627. but the next yeare this design was followed with greater vigour by the duke of buckingham , who hoped thereby to make himself of some consideration in the eyes of the people . the gaining of the isle of re , which lay before the town of rochel , and imbarred their trade , was the matter aimed at ; and he had strength enough both for sea and land to have done the work , if he had not followed it more like a courtier then a souldier ; suffering himself to be complemented out of the taking of their chief fort , when it was almost at his mercy ; and standing upon points of honour in facing those forces which were sent from the french king to raise the siege , when he might have made a safe retreat unto his ships without losse or danger . in the mean time his majesty neither neglected his affairs at home nor his friends abroad : at home he found the puritan faction to be much increased by the remisnesse of the goverment of archbishop abbot , whom therefore he suspended from all his metropoliticall jurisdiction , and confined him to his house at ford in kent , committing the exercise thereof to the bishops of london , durham , rochester , oxford , bath and wells , by letters patents , bearing date the 9. day of october , anno 1627. abroad he found the princes of germany wormed out of their estates , one after another , by the emperours forces , the king of denmark ( whom they had made the head of their league ) being driven out of the countrey by count tilly , and hardly able to defend his own dominions . no prince so fit for the prosecution of that cause , as gustavus adolphus , king of sweden , whom therefore he elects into the noble order of the garter , and solemnly invests him with it in the midst of his army , then lying at the siege of darsaw , a town of pomerella belonging to the crown of poland , on sunday the twenty third of october , of the same year also . at which time he laid the grounds of that confederacy , which being seconded by the french , the states of the vnited provinces , and the distressed princes of the empire , brought that king into germany ; where he gave the first great check to the emperours fortunes , and had restored the prince elector palatine to his ancient patrimony , if he had not fallen unfortunately at the battell of lutzen . 1628. being thus ingaged and embroiled , he gave a beginning to his third parliament on the seventeenth of march , and freely declares to them the necessities under which he lay ; in answer whereunto the commons voted five subsidies , but meant he should pay dearly for them before he had them . such grievances as they thought fit to insist upon , were cast into the mold of a petition , by them called a petition of right ; which if the king granted , he must lose his prerogative ; if he denied it , he must lose all hopes of their supply in his great extremities . the consideration of which last induced him to yield to their desires , and confirm that petition by act of parliament , the prerogative never so much descending from perch to popular lure , as by that concession . but though this act of grace might have given satisfacton even to supererogation ( as one well observeth ) yet the commons were not so contented , but were preparing a remonstance to take away his right of tonnage and poundage , as disclaimed by him in that act ; which coming to the kings knowledge , on the twenty sixth of june , he adjourns the parliament till the twentieth day of october then next ensuing . in the mean time the duke prepares for the relief of rochel , both by sea and land , and being ready to set sail , was suddenly cut off at ports-muth by the hand of one john felton , a discontented officer of the last years army , alledging no other reason for that bloody act , but that the duke had been declared an enemy to the common-wealth , in a remonstrance tendred to the king in the former session . but such was the constancy of the kings temper , and the known evenness of his spirit , that this sad accident made little or no stop in the proceedings of the fleet , which at the last set forwards under the command of the earl of lindsey , ; who found the haven of rochel so strongly barred , that it was utterly impossible for his ships to force their way ( though it was gallantly attempted ) and give relief to the besieged ; who thereupon set open their gates , and received their king into their town without more delay . to smooth his way to the next session of parliament , adjourned again till the twentieth of january , arch-bishop abbot is admitted to kisse his hand , by whom he is commanded not to fail of his attendance at the councel table ; dr. barnaby potter ( a through-paced calvinian ) is made bishop of carlisle , and mr. mountagues book called appello caesarem ( for which he had been questioned and molested in the beginning of the kings first parliament ) must be supprest and called in by proclamation . but this little edified with the faction in the house of commons , who not onely took upon them the reforming of the church and state , but called the customers in question for levying tonnage and poundage , not then granted ( nor ever likely to be granted as it had been formerly ) by act of parliament , and distraining such merchants goods as refused to pay it . and in this point they went so high , that fearing they should be dissolved before they had vented their own passions in that particular , upon the second day of march they lockt the doors of the parliament-house , kept the key thereof in one of their pockets , and held the speaker by strong hand in his chair , till they had thundred out their anathemaes not onely against such as should dare to levie it , but those also who should willingly pay it . the news of which riotous proceeding being brought immediately to the king , he sent his band of pensioners , accompanied by his ordinary guard , to force open the doors , and going himself to the house of peers , he dissolved the parliament , not having continued in that session above forty dayes . at the end of the former session he had admitted sir john savill of yorkshire , a busie man in the house of commons , ( but otherwise a politique and prudent person ) to be one of his privy council , created him lord savill of ponfract , and made him comptroller of his houshold in the place of sir john suckling deceased . and a little before the beginning of the following session , he took into his council sir thomas wentworth of wentworth woodhouse in the same county , whom be created viscount wentworth , and made lord president of the north , and within two years after lord deputy of ireland also . a man he was of prodigious parts , which he made use of at the first in favour of the popular faction : but being gained unto the king by sir ri. weston then chancellour of the exchequer , ( afterwards lord treasurer and earl of portland ) he became the most devout friend of the church , the greatest zelot for advancing monarchichall interesse , and the ablest minister of state which our histories have afforded to us . on the judgement of these two his majesty did much rely in civil matters , as he did on the advice of doctor neile then bishop of durham , and doctor laud then bishop of bath and wells , in matters which concerned the church . these last he had called unto his council in the beginning of april 1627. and finding them to be of as great abilities to advise , as sincere affections to his person ; he advanced the first to the see of winchester , and afterwards to the archbishoprick of york , anno 1631. the second to the see of london , and from thence to canterbury , anno 1633. 1629. but whilest it was such hot weather at home , it grew cold abroad , the breach betwixt him and france being closed up at the same time , by the prudent and seasonable intervention of the state of venice . and not long after he concluded a peace also with the king of spain , all things being left on both sides in the same condition in which they were before the war , but that the spaniard did ingage that he would make use of all his interest with the emperour , for restoring the prince elector pa●●●ine to his lost estate . and now the king having thrown away his crutches ( which had as often deceived him as he trusted to them ) he began to stand on his own legs , and in short time became more considerable in the eyes of the world then any of his predecessors . the spaniard sent hither yearly in english bottoms no lesse then six hundred thousand crowns in bullion , for the use of his army in the netherlands , redounding very much to the kings benefit in the coinage , and no lesse to the profit of the merchants also , most of the money being returned into flanders in leather , cloth , lead , tinne , and other the manufactures and native commodities of this kingdome . the dutch and easterlings looke upon london as the safest bank , not onely to lodge , but increase their treasure ; so that in short time the greatest part of the trade of christendom was driven up the thames . 1630. to make him yet more estimable in the sight of his people , god blest him with a son , the presumptive heir of his dominions , on the twenty ninth of may , anno 1630. and seconded that blessing with the birth of a daughter on the fourth of november , in the next year after , as afterwards with a plentifull issue of both sexes . 1633. nor did he meet with any check in his prosperity till the year 1633. at what time the coles of faction and sedition , which seemed for some years to have been raked up in the ashes of contentment , kindled the next combustible matter and brake forth again to the inflaming of both kingdoms . scotland burneth first , and takes fire on this occasion . in the minority of king james , the lands of all cathedrall churches and religious houses which had been setled on the crown by act of parliament , were shared amongst the lords and great men of that kingdome , ( by the connivence of the earl of murray , and some other of the regents ) to make them sure unto the side . and they being thus possessed of the said lands , with the regalities and tithes belonging to those ecclesiasticall corporations , lorded it with pride and insolence enough i● their severall territories , holding the clergy to small stipends , and the poor paisant under a miserable vassalage , and subjection to them . king charles ingaged in war at his first coming to the crown , and having little aid from thence for the maintenance of it , by the advice of his council of that kingdome , was put upon a course of resuming those lands , tithes and regalities into his own hands , to which the present occupants could pretend no other title then the unjust usurpation of their ancestors . this he endeavoured , first by an act of revocation , but that course not being like to speed , he followed it in the way of a legal processe , which drew on the commission for surrendering of superiorities and tithes , to be retaken from the king on such conditions , as might bring some profit to the crowne , some augmentation to the clergy , and far more ease and benefit to the common people . but these proud scots chuse rather to expose their countrey to the danger of a publick ruine , then to part with any of that power ( it might be called a tyranny rather ) which they had exercised on their vassals , as they commonly called them ; and thereupon conspired together to oppose the king in any thing that should be offered in the following parliament , which had relation to the church or to church-affaires . but because religion and the care thereof , is commonly the best bait to catch the vulgar , they must find out some other means to divert the king from the prosecuting of that commission ; then the consideration of their own personall and private interesse ; and they found means to do it on another occasion , which was briefly this . king james from his first coming to this crown , had a design to bring the kirk of scotland to an uniformity with the church of england , both in government and forms of worship . and he proceeded so far as to settle episcopacy amongst them , naming thirteen new bishops for so many episcopal sees as had been anciently in that church ; three of which received consecration from the bishops of england , and conferred it on the rest of their brethren at their coming home . which bishops he armed also with the power of an high commission , the better to keep down the insolent and domineering spirit of the presbyterians . in order to the other , he procured an act to be passed in the assembly at aberdeen , anno 1616. for composing a liturgy , and extracting a new book of canons out of the scattered acts of their old assemblies . at the assembly held at perth , anno 1618. he obtained an order for receiving the communion kneeling , for administring baptisme and the lords supper in private houses , in cases of extreme necessity , for episcopall confirmation ; and finally , for the celebrating the anniversaries of our saviours birth , his passion , resurrection and ascension , and the coming down of the holy ghost . all which he got to be confirmed in the following parliament . so far that wise king had advanced the work of uniformity , before his engaging in the cause of the palatinate . his breach with spain , and the war which did insue upon it took off his thoughts from prosecuting that design , which his son , being more intangled in wars abroad and distempers at home , had no time to finish till he had setled his affaires , and attained to some measure both of power and glory . but being it was a businesse which was to be acted leisurely and by degrees , not all at once , he first resolved upon passing of an act of ratification of all that had been done by his father , and then to go in hand with the introducing of a publick liturgie . in the effecting whereof , at such a time as he went into scotland to receive that unfortunate crown , he found a stronger opposition in the parliament of that kingdom also , about the passing of that act of ratification , then he had reason to expect : but carried it at last by a far major part of that assembly . this gave him the fist taste of their disaffection to his person and government ; but he went forward notwithstanding in pursuit of those purposes , which he brought thither with him . for not long after his return into england , he gave order to the dean of his chappell royall in edenburgh that prayers be read therein according to the english liturgie ; that a communion be had every moneth , and all communicants to receive the sacrament on their knees ; that he who officiated , if he be a bishop , perform it in his rochet and other episcopall robes ; and that he do it in his surplice , if a common presbyter ; and finally , that not onely the lords of the council , but the lords of the session , and as many of the principall magistrates of that city also as could conveniently , fail not of their attending the divine service there on sundayes and holy-dayes : for by this means he gave himself no improbable hopes , that the english liturgy passing a probationership in the chappel royall , might find a plausible entertainment in the churches of edenburgh , and be received by degrees in all the rest of the kingdom . but the presbyterian scots not ignorant of the kings intentions , insinuated into the minds of the common people , that this was a design onely to subject that pure kirk to the superstitious rites and ceremonies of the church of england , and therefore that it did behove them to stand together as one man to oppose their entrance . the lords and gentry of that realm , who feared nothing so much as the commission of surrendries before mentioned , laid hold on this occasion also : and they being seconded by some male-contented spirits of that nation , who had not found the king to be as prodigal of his favours to them as his father had been before , endeavoured to possesse them with fears and jealousies , that scotland was to be reduced to the form of a province , and governed by a deputy or lord lieutenant , as ireland was . the like done also by some lords of secret council , who before had governed as they listed , and thought their power diminished and their persons under some neglect , by the placing of a lord president over them to direct in chief . so that the people generally being fooled into this opinion , that both their christian and civil liberty were in no small danger , became capable of any impression which the presbyterian faction could imprint upon them . which visibly appeared by a virulent and seditious libel , published in the year 1634. wherein the king was not only charged with altering the government of that kingdom , but traduced for very strong inclinations to the religion of the church of rome . the chief abettor whereof ( for the authour was not to be found ) was the lord balmerino , for which he was legally convicted and condemned of treason but pardoned by the kings great goodnesse , and by that pardon kept alive for the mischiefs following . the fire thus breaking out in scotland , it was no marvel if it had laid hold on england also , the puritans of both nations working themselves about this time into a body , and from henceforth communicating their counsels and designs unto one another . the king not long after his return thought fit to renew his fathers declaration about lawfull sports on the lords day , the principall motives whereunto were , the increase of popery in some parts of the kingdome , occasioned by interdicting all honest recreations on that day , and the rest of the holy-dayes ; the tendency of the sabbatarian doctrine to down-right judaisme ; some orders made by some publick ministers of justice , for suppressing the annual feasts of the dedication of churches , commonly called wakes ; and finally , the bringing of dancing , running , shooting and other harmlesse recreations , within the compasse of the statute made in the first parliament of his reign against all unlawfull exercises and pastimes ; in which no such thing was ever intended . and though the kings intention in it was onely to ease the people from that yoke of superstition which many of their preachers had laid upon them ; yet by the practise of those preachers , it made more noise among the people , and wakened more to appear in defence of that which they call religion , then all the geese in the capitoll . nor did his majestie speed much better in another of his pious intentions , concerning the conformity of parochiall churches to their mother cathedrals . the dean and chapter of s. pauls ( as ordinaries of the place ) had appointed the communion-table in st. gregories church to be placed altar-wise at the end of the chancel , where it had stood ( and by her injunctions ought to stand ) in q. elizabeths time . against this some of the parishioners appealed to the dean of the arches , & the dean & chapter to the king . the cause being heard before his majesty and the lords of the council on the third of november , anno 162● . it pleased his majesty , having first shewed his dislike of all innovations , to declare that he well approved and confirmed the act of the said ordinary , and also gave commandement , that if those few parishioners before mentioned , do proceed in their said appeal , then the dean of the arches ( who was then attending at the hearing of the cause ) shall confirm the said order of the aforesaid dean and chapter . on this encouragement the archbishop of canterbury in his metropoliticall visitation , beginning in the year next following , and the suffragan bishops in their severall and respective diocesses , did appoint the like , for the avoiding of those frequent inconveniences and prophanations which that sacred table had formerly been exposed unto . this made the puritan faction open wider then before they did , as foolishly afraid of the breaking in of superstition , by this last declaration , as of prophanenesse by the other . and that they might keep peace with the scots in all particulars , they dispersed many scandalous and seditious libels against the governours of the church , and all that acted by and under their authority , not sparing the king himself if he came in their way ; most certain tokens and prognosticks of those great combustions which soon after followed in both kingdomes . 1634. nor were there any lesse apprehensions infused into them by some zealous patriots , who most ambitiously affected the title of {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , in the orators language , the profest champions of the property and liberty of the english nation ; the occasion this : the soveraignty of the narrow seas , had not onely been invaded by the hollanders during the late troubles both at home and abroad ; but that invasion had been justified in some publick writings . and thereupon , by the advice of mr. noy his attorny generall , he issued certain writs in the tenth year of his reign , anno 1634. directed to all the port towns of the kingdome , to set out a certain number of ships furnisht with mariners . ammunition , victuals , and all other necessaries , for defence of the realm ; which writs he afterwards extended also to the inland counties , following therein the examples of his predecessors , in which none was better able to instruct him , then he that gave him that advice . by means whereof he did not only recover that dominion , which belonged to him on the sea , but very much improved and enricht the land , as before is said . which notwithstanding , some of the discontented members of the former parliament , and others of the same party , under colour of standing in defence of the rights and properties of the subject , did stubbornly oppose the payment of that imposition , in which the honour , wealth , and happinesse of this kingdome was so much concerned . and though the king had the opinion of all the judges , under their hands to justifie his proceedings in it ; yet chose he rather to proceed against them in a legall way , then to make use of any arbitrary power , or the opinion of the judges , which extra judicially had been given in the case . and so well did he prosper in it , that when it came to be argued in the exchequer-chamber , of the twelve judges , ten absolutely declared themselves for the lawfulnesse of it ; the other two ( being crook and hutton ) dissenting openly from that opinion , to which they had formerly subscribed ▪ so that here being a mixture also both of christian and civil liberties , which were given out to be in danger ; it is no marvel if the faction in both nations did conspire together , to disturb the peace and happinesse of this flourishing kingdom . 1637. the ground thus laid , it was thought fit the first part of the tragedy should be plaid in scotland . the bishops of that church , though they liked well enough of the english liturgy , desired a liturgy of their own , for fear of acknowledging some dependency of that church on this ; which being composed amongst themselves , and approved by some of the english prelates , to whom his majesty referred the perusall of it , was recommended to the scots for the use of that church , and the twenty third day of july , anno 1637. appointed for the first exercise and reading of it : on this occasion followed the sedition at edenburgh , encouraged under-hand by the marquesse of hamilton , the earls of roxborow and traquair , and many other of the kings false servants , both in court and councel . this sedition afterwards brake out into open action , the principall sticklers against the book of common-prayer , and the kings proceedings in the same , engaging the whole nation in a solemn covenant for the extirpation of episcopacy , and whatsoever they were pleased to comprehend under the generall names of heresie and superstition , in which not onely the five articles of perth , but the whole common-prayer-book was intended by them . and that they might be sure to keep their party together , they bound themselves in the said covenant , to stand to one another in pursuance and defence thereof , against all manner of persons whatsoever , the king himself not being excepted . and though the king , by the perswasion of hamilton here , and his untrusty servants there , gave order for the suppressing of that liturgy , the high commission , the book of canons , and even the articles of perth , though confirmed in parliament , yet nothing could content their pride and insolency , but the utter abolishing of episcopal government : which since they found the king resolved not to yield unto , they were resolved to do it without him ; in their assembly held at glasco , abolishing the episcopal order , and thundring their anathema's and excommunications , not onely against the bishops themselves , but all such as adhered unto them . and that they might be before-hand with him , they intercepted his revenews , surprised all his forts and castles , and finally put themselves into open armes . 1639. this forced the king to set forth against them , accompanied with an army royall , and furnished with such a gallant company of lords and gentlemen , as might assure him of a cheap and easie victory . but he conceiving that the terrour of his coming would reduce the scots to obedience without blows or bloodshed , resolved in himself not to out-go muster and ostentation ; and thereupon was very easily intreated to refer all differences between them to certain commissioners of both kingdoms . by their negotiation a generall accord was made at barwick on the seventeenth of june anno 1639. upon which the king presently disbanded his forces , and returned towards london , having effected nothing by his chargeable expedition , but his making the scots more insolent then before they were , and giving them a greater reputation in the eye of the world then before they had ; of which he became assured and sensible when it was too late . for no sooner had he disbanded his army , but the pacification ( such as it was ) was openly protested against in the scots army ; and many false copies of it were scattered abroad , to make it more dishonourable to the king , and of more advantage to themselves . the officers of their army were retained in pay , the old form of holding parliaments in that kingdom was altered by them , and the prerogatives of the crown invaded ; their words and actions tending to a more generall defection then before . so that the king was fain call home his sheat-anchor the lord lieutenant of ireland , whom not long after he created earl of strafford , in the county of york . by whose advice , seconded by the archbishop of canterbury , his majesty about the beginning of december gave a publick intimation of a parliament , to begin on the thirteenth day of april then next following . and it was intimated so long before-hand for these two reasons . first , that the lord lieutenant of ireland might in the mean time hold a parliament in that kingdome , which he did , and managed so much to the kings advantage , that an army of 8000 horse and foot was speedily raised , and money granted by the parliament to keep them in pay , and furnish them with ammunition , arms , and all other necessaries . secondly , that by the reputation of a following parliament , he might be the better enabled to borrow money for the carrying on of the war , in case the parliament should fail him , as it after did . for being come together at the time appointed , instead of acting any thing in order to his majesties service , they were at the point of passing a vote for blasting his war against the scots to prevent which his majesty was forced to dissolve them on the fifth of may , the convocation still continuing , who granted him a benevolence of foure shillings in the pound for all their ecclesiasticall promotions , to be paid six years together then next ensuing . the members of the dissolved parliament inflamed the people in all parts of the kingdome with such discontentments , which actually brake out in southwark into open sedition , not pacified without much danger , and the executing of the principal leader . in the middle of which distempers his majesty was blest with a third son , born on the eight of july , christned by the name of henry , and by his majesties command called duke of glocester . 1640. to welcome this young prince into the world , the scots put themselves into armes again , and backt by a strong faction here , thought that they could not do enough by standing on their defence at home , unlesse they entred england also , as they did accordingly . but they took not his majesty unprovided , who had raised another gallant army under the command of the earl of northumberland , as chief generall , and the earl of strafford as the chief commander under him ; himself with all speed posting towards the north , as soon as the news of this invasion had been brought unto him . but scarce was he well setled in the head of his army , but he was followed by a petition from some lords of england , conformable in the main points of it to a declaration of the scots , which they called the intention of their army . so that the cloud which gathered behind him in the south , threatned more danger to him then the northern tempest , which blew directly in his teeth . sailing thus between scylla and charybdis , it concerned him to steer as even a course as he could , and thereupon he summoned the great councel of his peers to attend him at york , that doing nothing in this great businesse without their advice , he might give himself the better hopes of their assistance , as his occasions should require . by their advice commissioners are appointed to treat with the scots , to understand their grievances , the reasonablenesse or unreasonablenesse of their demands , and finally to make up the breach by such an accommodation as might conduce to the peace and happinesse of both kingdomes , and his majesties honour . in the mean time he calls a parliament , to begin at westminster the third day of november then next following , which if it had been held at york , as lying nearest to the danger and scene of action , might not have proved so fatall and destructive to him as it after did . in the beginning of this parliament , he cast himself on the love and loyalty of his english subjects , in which he found himself deceived of his expectation . for the first thing they did , was to deprive him of the counsels of the lord lieutenant of ireland , and the archbishop of canterbury , and thereby to terrifie all others from adhering to him in the times of his greatest need . these they impeacht of high treason , removed them from the house of peers , and committed them to the tower of london , where the archbishop staid four years before any particular charge , or any prosecution upon that charge , was brought against him . but with the lord lieutenant of ireland they made quicker work , inviting the people of all the three kingdomes to bring them in such matter as they had or could devise against him ; and having made all things ready for a publick tryal , they brought him to the bar before the peers , sitting in vvestminster-hall on the sixth of april then next following ; but he so rationally pleaded in his own behalf , and so fully satisfyed all objections which were made against him , that the commons were fain to desist from the course which they had begun , and to proceed against him in a bill of attainder . for the better passing whereof the commons framed a protestation on the third of may , in many things not unlike the scotish covenant before mentioned , by which they bound themselves among other things , to maintain and defend the power and priviledges of parliament , the lawfull rights and liberties of the subject , to endeavour to bring to condigne punishment all such as shall either by force , practice , plots , counsels and conspiracies , or otherwise , do any thing to the contrary ; ( amongst which they reckon the earl of strafford to be one ) and finally to stand unto one another , and to every other person whatsoever in any thing he shall do in pursuance of the said protestation . which protestation being first taken by themselves , was the next day taken also by the house of peers , and not long after obtruded on all the rest of the kingdom . but not finding this sufficient to effect their purpose , they first forced the lords by tumults , and afterwards the king by their importunities to passe that unhappy bill of attainder ; which having obtained , they brought him to the scaffold on tower-hill on the thirteenth of may , where with as much christian confidence and magnanimity as could be exprest by flesh and blood , he delivered up his neck to the executioner . in order to this great work which they knew the scots much laboured for , and had declared so much in a pamphlet called the intentions of their army , at their first coming into england , the leading men in the house of commons held a strict correspondency with the scots commissioners then residing in london , and voted no lesse then three hundred thousand pounds ( by the name of a brotherly assistance ) to be given to the scots in generall , under colour of repairing such damages as they had sustained in the time of this breach , but in plain truth to bind them fast unto themselves . and having made sure work with them , they deprived the king by little and little of almost all the ancient and undoubted prerogatives which of right belonged unto his crown . the power of calling parliaments , in case of his neglect or refusall , is put into the hands of sheriffs and constables ; his right to tonnage and poundage must be disclaimed by act of parliament ; the bill of the attainder of the earl of strafford , and that for the continuance of this parliament during the pleasure of the houses , are extorted by tumults . and by the terrour of the like , the act for knighthood is repealed , and the imposition for ship-money condemned as an illegall tax , and abolished also . the like acts passed against the office of the clerk of the market , the court of stanneries , his propriety in the making of gun-powder , the authority of the council-table , the courts of star-chamber and high commission , the jurisdiction of the ecclesiasticall courts , as also the presidiall courts held for a long time in york and the marches of vvales . and finally , that he might lose both his strength in parliament , and his power with the people , they extorted the passing of two acts , the one for taking away the bishops votes and place in the house of peers , the other for disclaiming of his power in pressing souldiers ( enjoyed by all his predecessors ) for defence of his person and the realm . and that they might the better awe the king to their concessions , the army of the scots must be maintained with pay and plunder , till there was almost nothing left for them to crave , or the king to grant . but being at the last sent home , his majesty followed not long after to settle his affairs in that broken kingdom ; where to oblige that nation to him , he confirmed not onely all his former concessions by act of parliament , but all such things also as had been acted by them in their assembly held at glasco . and more then so , he parted with so much of his eoyall prerogative ( invaded & usurped by them in the late confusions ) that he had allmost nothing left remaining to him , but the empty title , the having of a sword carried before him , and some other outward pomps of court , which signifie just nothing when the power is gone . this good successe of the scots encouraged the irish papists to attempt the like , and to attempt it in the same way as the scots had gone ; that is to say , by seizing his towns , forts , and castles , putting themselves into the body of an army , banishing or imprisoning all such as oppose their practises , and then petitioning the king for a publick exercise of their religion . the 23. of october anno 1641. was the day designed for the seizing of the city and castle of dublin , and many places of great importance in the kingdom . but failing in the main design which had been discovered the night before by one ocanelle , they break out into open arms , dealing no better with the protestants there then the covenanters had done with the royall party in scotland , of this rebellion ( for it must be called a rebellion in the irish , though not in the scots ) the king gives present notice to his houses of parliament , requiring their counsel and assistance for the extinguishing of that flame before it had wasted and consumed that kingdome . but neither the necessity of the protestants there , nor the kings importunity here , could perswade them to levie one man towards the suppression of those rebels , till the king had disclaimed his power of pressing souldiers in an act of parliament , and thereby laid himself open to such acts of violence as were then hammering against him . which having done , they put an army of scots ( their most assured friends ) into the northern parts of ireland , delivering up into their hands the strong town and port of carickfergus , one of the chief keys of that kingdom ; and afterwards sent a small body of english to preserve the south , which english forces having done notable service there against the rebels , were kept so short both in respect of pay and other necessaries by the houses of parliament , ( who had made use of the mony raised for the relief of ireland to maintain a war against their king ) that they were forced to come to a cessation , and cheerefully returned home again to assist the king in that just war which he had undertaken for his own defence . the ground and occasion of which war we are next to shew . at such time as he was in scotland and expostulated with some of the chiefs among them , touching their coming into england in an hostile manner , he found that some who were now leading men in the houses of parliament had invited them to it . and having furnished himself with some proofs for it , he commanded his attorney generall to impeach some of them of high treason ; that is to say , the l. kimbolton , a member of the house of peers , mr. hollis , sir arthur haslerig , mr. hambden , mr. pym , and mr. strode , of the house of commons . but sending his serjeant at arms to arrest their persons , there came a countermand from the house of commons , by which the serjeant was deterred from doing his office , and the members had the opportunity of putting themselves into the sanctuary of the city . the next day , being the 4. of january , his majesty being no otherwise attended then with his ordinary guard , went to the house of commons to demand the five members of that house , that he might proceed against them in a way of justice ; but his intention was discovered , and the birds flown before his coming . this was voted by the commons for such an inexpiable breach of priviledge , that neither the kings qualifying of that action , nor his desisting from the prosecution of that impeachment , nor any thing that he could either say or do , would give satisfaction . nothing must satisfie their jealousies and secure their fears , but the putting of the tower of london into their hands , together with the command of the royal navie , as also all the forts , castles , and the train-bands of the kingdome , all comprehended under the name of the militia ; which if his majesty would fling after all the rest , they would continue his most loyall subjects . on this the king demurs a while , but having shipt the queen for holland , and got the prince into his own power , he becomes more resolute , and stoutly holds on the denyal . finding the members too strong for him , and london , by reason of the continuall tumults , to be a dangerous neighbour to him , he withdraws to york , that being in a place of safety , he might the better find a way to compose those differences which now began to embroil the kingdome . at hull he had a magazine of arms and ammunition provided for the late intended war against the scots , and laid up there when the occasion of that war was taken away . of this town he intended to possesse himself , and to make use of his own arms and ammunition for his own preservation ; but coming before the gates of the towne , he was denyed entrance by sir john hotham , who by the appointment of the house of commons had took charge of that place . the gentry of york-shire who had petitioned the king to secure that magazin , became hereby more firmly united to him . the like had been done also by the yeomandry , and those of the inferiour sort , if his proceedings had not been undermined by the committee of four gentlemen , all members of the house , and all of them natives of that countrey , sent thither purposely ( in a new and unprecedent , way ) to lie as spies upon his counsels , and as controllers to his actions . some messages there were betwixt him and the houses of parliament , concerning the attoning of these differences , whilst he was at york . but the xix propositions sent thither to him , did declare sufficiently that there was no peace to be expected on his part , unlesse he had made himself a cypher , a thing of no signification in the arithmetick of state . and now the war begins to open . the parliament had their guards already , and the affront which hotham had put upon his majesty at hull , prompted the gentlemen of york-shire to tender themselves for a guard to his person . this presently voted by both houses to be a leavying of war against the parliament , for whose defence , not onely the train-bands of london must be in readinesse , and the good people of the countrey required to put themselves into a posture of armes ; but regiments of horse and foot are listed , a generall appointed , great summes of money raised , and all this under pretence of taking the king out of the hands of his evil counsellours . the noise of these preparations hastens the king from yorke to notingham , where he sets up his standard , inviting all his good subjects to repair unto him , for defence of their king , the lawes and religion of their countrey . he increased his forces as he marched , which could not come unto the reputation of an army , till he came into shropshire , where great bodies of the loyall and stout-hearted welch resorted to him . strengthened with these , and furnisht sufficiently with field pieces , armes and ammunition , which the queen had sent to him out of holland , he resolves upon his march towards london ; but on sunday the twenty third of october was encountred in the way , at a place called edge-hill , by the parliament forces . the fight very terrible for the time , no fewer then five thousand men slain upon the place ; the prologue to a greater slaughter , if the dark night had not put an end unto that dispute . each part pretended to the victory , but it went clearly on the kings side , who though he lost his generall , yet he kept the field , and possessed himself of the dead bodies ; and not so onely , but he made his way open unto london , and ●n his way forced banbury castle , in the very sight as it were of the earl of essex , who with his flying army made all the haste he could towards the city ( that ●e might be there before the king ) to ●ecure the parliament . more certain ●gns there could not be of an absolute ●ictory . in the battel of taro , between the con●derates of italy and charles the eight ●f france , it hapned so that the confederates kept the field , possest themselves of the camp , baggage and artillery , which the french in their breaking through had left behind them . hereupon a dispute was raised , to whom the honour of that day did of right belong ; which all knowing and impartiall men gave unto the french for though they lost the field , their camp , artillery and baggage , yet they obtained what they fought for , which was the opening of their way to france , and which the confederates did intend to deprive them of . which resolution in that case may be a ruling case to this ; the ki●g having not only kept the field , posse●● himself of the dead bodies , pillaged the car●iages of the enemy , but forci●●y op●●e● his way towards london , which the enemy endeavoured to hinder , and finally entred triumphantly into oxford , with no fewer then a● hundred and twenty colours taken in the fig●● . having assured himself of oxford fo● his winter quarters , he resolved on hi● advance towards london , but had made so many halts in the way , that essex was got thither before him ; who had disposed of his forces at kingston , brentford , acton , and some other places there abouts , not onely to stop his march , but to fall upon him in the rear , as occasion served . yet he goes forward notwithstanding as far as brentford , out of which he beats two of their best regiments , takes five hundred prisoners , sinks their ordnance , with an intent to march forwards on the morrow after being sunday , and the thirteenth of november . but understanding that the earl of essex had drawn his forces out of kingston , and joyning with the london auxiliaries , lay in the way before him at a place called turnham-green neer cheswick , it was thought safer to retreat towards oxford while the way was open , then to venture his army to the fortune of a second battel , which if it were lost ●t would be utterly impossible for him ●o raise another . at oxford he receives propositions of peace from the houses of parliament , but such as rather did beseem a conquering then a losing side . but being resolved to treat upon them howsoever , he found the commissioners so straitned in time , and so tied to such particular instructions as the houses had given them , that nothing could be yielded to which might conduce to the composing of the present distempers . at the opening of the spring , the queen came to him , who had landed at a place in york-shire called burlington-bay in the end of february , and now brought with her unto oxford some supplies of men with a considerable stock of powder , arms , and ammunition . 1643. the next summer makes him master of the north and west , some few places onely being excepted . the earl of new-castle with his northern army had cleared all parts beyond trent ( but the town of hull ) of the enemies forces . and with his own army under the command of prince rupert , and prince maurice ( two of the younger sons of his sister elizabeth queen of bohemia ) he reduced the cities of bristol , and exeter , the port town of waymouth , and all the towns of any importance in the western parts , except pool , lime and plimouth . so that he was in a manner the absolute commander of the counties of wilts , dorset , somerset , devon , and cornwall . and though the towns of plimouth , lime , and pool still held out against him , yet were they so bridled by his neighbouring garrisons , that they were not able to create him any great disturbance . the noise of these successes was so loud at london , that most of the leading men in both houses of parliament prepared for quitting of the kingdome , and had undoubtedly so done , if the king had followed his good fortunes , and advanced towards london . but unhappily diverting upon glocester , he lay so long there , without doing any thing to the purpose , that the earl of essex came time enough to raise the siege and relieve the town , though he made not hast enough to recover london without blowes . for besides some skirmishes on the by , which fell out to his losse , the king with the whole body of his army overtook him at newberry , where after a sharp fight ( with the losse of the earl of carnarvon , the earl of sunderland , and the lord viscount falkland on his majesties side ) he had the worst of the day , and had much ado to save his canon , and march off orderly from the place ; followed so hotly the next morning ▪ that his own horse , which were in the reere , were fain to make their way over a great part of his foot , to preserve themselves . being returned to oxford with successe and honour , he summons the lords and commons of parliament to attend there on the twenty second day of january then next following ; and they came accordingly . and for their better welcome ▪ he advances prince rupert to the titles of earl of holdernes and duke of cumberland , and creates james his second son ( born the thirteenth day of october , anno 1633 ) duke of york , by which name he had been appointed to be called at the time of his birth , that they might sit and vote amongst them . but being come , they neither would take upon themselves the name of a parliament , nor acted much in order to his majesties designs ; but stood so much upon their terms , and made so many unhandsome motions to him upon all occasions , that he had more reason to call them a morgrel parliament in one of his letters to the queen , then they were willing to allow of . 1644. and now the summer coming on , and the time fit for action , he dismisses them to their severall dwellings , and betakes himself unto the field . the frequent traverses whereof , the interchangeable taking and losing of towns by the chance of war , are too many in number to be comprised in this short abstract . it must suffice if i take notice of those onely which are most considerable . his majesty prevaling in the north and west , 't was thought fit by the ruling party in the houses of parliament , to crave aid of the scots , whom they drew in the second time , by the temptations of entring into covenant with them , for conforming of this church with that , sharing amongst them all the lands of the bishops , and sacrificing to their malice the archbishop of canterbury , as formerly they had done the earl of strafford ▪ but besides these plausible allurements , the commissioners of that kingdome were to have so great a stroke in the government of this , that the houses could act nothing in order to the present war , no , not so much as to hold a treaty with the king , without their consent . upon these baits they entred england with a puissant army consisting of one and twenty thousand men well armed , and fitted for the service : and having made themselves masters of barwick , alnwick , and all other places of importance on the other side of the tweed , they laid siege to york , where they were seconded by the army of the earl of manchester drawn out of the associated counties , and the remaining york-shire forces under the command of the lord fairfax . the news whereof being brought to oxford , prince rupert is dispatcht with as much of the kings forces as could well be spared , with a commission to ●aise more out of the counties of che●ter , salop , stafford , darby , leicester , and lancaster . so that he came before york with an army of twelve thousand men , relieved the town with all things necessary , and might have gone away unfought with , but that such counsell was too cold for so hot a stomach . resolved upon the onset , he encountred with the enemy at a place called marston-moor , where the left wing of his hor●e gave such a fierce charge on the right wing of the enemy , consisting of sir thomas fairfax his horse in the van , and the scots horse in the reere , that they fell foul on that part of their own foot which was made up of the lord fairfax his regiments , and a reserve of the scots , which they brake wholly , and trod most of them under their horses feet . but the princes horse following the execution too far , and none advancing to make good the place which they had left , the enemy had the opportunity to rally again , and got the better of the day ; taking some prisoners of good note , and making themselves masters of his canon . so that not being able to do any thing in order to the regaining of the field , he marched off ingloriously , squandred away the greatest part of his army , and retired to bristol . after this blow the affairs of the north growing more desperate every day then other , york yielded upon composition on the sixteenth of july ( being a just fortnight after the fight ) the marquesse of newcastle and some principall gentlemen past over the seas , and the strong town of newcastle was taken by the scots on the nineteenth of october following . in the mean time , the queen being with child , began to draw neer the time of her delivery . and it was generally believed that the earl of essex with his forces had some aim on oxford , as the seat royall of the king , the residence of his court and council , and the sanctuary of a considerable part of the nobility , gentry and clergy . in which respect it was thought fit that the queen should remove to exceter , as a place more remote from danger , and not far from the sea , by which she might take shipping for france as occasion served . on the sixteenth of april she began her journey , the king bearing her company as far as abingdon , where they took leave of one another , neither of them having any the least presage , that the parting kisse which they then took was to be their last . convoi'd with a sufficient strength of horse for her security on the way , she was received there with as much magnificence as that city was able to expresse ; and on the sixteenth day of june was safely delivered of a daughter , whom she christened by the name of henrietta . assoon as she had well passed over the weaknesses and infirmities incident to child-bed , she committed the young princesse to the lady dalkeith , a daughter of sir edward villiers , one of the half brothers of the duke of buckingham , and wife unto the lord dalkeith , the eldest son of the earl of morton . which having done ( according to some instructions which she had received from the king ) she took shipping at pendennis castle on the fifteenth of july , and passed into france , there to negotiate for some supplies of money , armes and ammunition for the advance of his majesties service , and to continue howsoever in the court of the king her brother , till she might return again in honour and safety . and to say truth , her removall from oxford was not onely seasonable , but exceeding necessary at that time , the earl of essex , and sir william w●ller with their severall forces not long after her departure drawing neer to oxford ; on whose approach his majesty leaving the greatest part of his army for defence of that place , marched on directly towards wales . upon the news whereof , it was thought fit by the two generalls , to divide their armies ; it being agreed upon that sir william waller should pursue the king , and that the earl of essex should march toward the west , for the regaining of those countries . and now the mystery of iniquity appeared in its proper colours : for whereas it was formerly given out by the houses of parliament , that they had undertaken the war , for no other reason , but to remove the king from his evill counsellours : those evil counsellours were left at oxford unmolested , and the kings person onely hunted . but the king understanding of this division , thought himself able enough to deal with waller , and giving him the go by , returned towards oxford , drew thence the remainder of his army , and gave him a sharp meeting at a place called cropredy bridge , where he obtained a signal victory on the twenty eighth of june , and entred triumphantly into oxford . this done he marched after the earl of essex , who had made himself master of some places in the west of good importance . during this march , it happened that one of the carriages brake in a long narrow lane which they were to passe , and gave his majesty a stop at a time of an intollerable shower of rain which fell upon him : some of his courtiers , and others which were neere about him , offered to hew him out a way through the hedges with their swords , that he might get shelter in some of the villages adjoyning ; but he resolved not to forsake his canon upon any occasion . at which when some about him seemed to admire , and marvelled at the patience which he shewed in that extremity , his majesty lifting up his hat , made answer , that as god had given him afflictions to exercise his patience , so he had given him patience to bear his afflictions . a speech so heavenly and divine , that it is hardly to be paralell'd by any of the men of god in all the scripture . the carriage being mended , he went forward again , and trode so close upon the heels of the earl of essex , that at last he drave him into cornwell , and there reduced him to that point , that he put himself into a cock-boat with sir philip stapleton and some others , and left his whole army to his majesties mercy . his horse taking the advantage of a dark night , made a shift to escape , but the commanders of the foot came to this capitulation with his majesty , that they should depart without their arms , which with their canon , baggage and ammunition , being of very great consideration , were left wholly to his disposing . immediately after this successe , his majesty dispatch'd a message from tavestock to the two houses of parliament , in which he laid before them the miserable condition of the kingdome ; remembring them of those many messages which he had formerly sent unto them , for an accommondation of the present differences ; and now desiring them to be think themselves of some expedient by which this issue of blood might be dried up , the distraction of the kingdom setled , and the whole nation put into an hope of peace and happinesse . to which message , as to many others before , they either gave no answer , or such an one as rather served to widen , than close the breach , falsely conceiving that all his majesties offers of grace and favour proceeded either from an inability to hold out the war , or from the weaknesse and irresolution of his counsels . so that the trage-comedy of the two harlots in the first of kings , may seem to have been acted over again on the stage of england . the king , like the true mother , compassionately desired that the life of the poor infant might be preserved ; the houses , like the false mother , considering that they could not have the whole , voted that it should be neither mine nor thine , but divided betwixt them . but if instead of this message from tavestock , his majesty had gone on his own errand , and marched with his army towards london , it was conceived that in all probability he might have made an end of the war ▪ the army of essex being thus broken , and that of manchester not returned from the northern service . but sitting down before plimouth , and staying there to perfect an association of the western counties , he spent so much time , that essex was again in the head of his army ; and being seconded by the earl of manchester and sir william vvaller , made a stand at newbery , where after a very hot fight , with variable success on both sides , each party drew off by degrees , so that neither of them could find cause to boast of the victory . winter comes on , which though it be not ordinarily a time of action , will notwithstanding afford us some variety which will not be unworthy of our observation . and first , a garrison is formed at abington , ( a town within five miles of oxford ) by order from the two houses of parliament , under the command of colonell brown ; the king and councill looking on , and suffering the intrenchments to be made , the works to be raised , and the ordnance to be planted on the same . it cannot be denyed , but that sir henry g●ge , governour at that time of oxford , and many of the chief commanders which were then in and about that city , offered their service to the king , and earnestly desired leave to prevent that mischief which by the intrenchments of this town must needs fall upon them . but the lord george digby , not long before made principall secretary of estate , had perswaded the king unto the contrary , upon assurance that he held intelligence with brown and that as soon as the town was fortified and furnished with victuall , arms and ammunition , at the charges of the houses of parliament , it would immediately be delivered into his majesties hand . in which design he was out-witted , and consequently exposed unto some losse of reputation with all sorts of people . for brown having brought his project to the highest round of the ladder ( as himself expressed it ) thought it high time to turn it off , and to declare himself for the two houses against the king ; printing not long after all the letters which passed between him and the lord digby upon this ocasion . after this followed the taking of shrewsbury , a place of very great importance to the king , as the gate which opened into wales , situate on a rising ground , and almost encompassed round about by the river severn ; that part which is not invironed by water , being wholly taken up and made good by a very strong castle . by the loss of which town the kings former entercourse with his loyall subjects of north-wales was not onely hindred , but a present stop was given to an association , which was then upon the point of concluding between the counties of salop , flint , chester , worcester , &c. to the great prejudice of the kings affairs in those parts of the kingdome . then comes the lamentable death of the arch-bishop of canterbury , kept for four years a prisoner in the tower of london , as before was said ; but reserved onely as a bait to bring in the scots , whensoever the houses should have occasion for their second coming ; as formerly on the like temptation they had drawn them in , with reference to the earl of strafford . the scots being come , and doing good service in the north , it was thought fit they should be gratified with that blood which they so greedily thirsted after . and thereupon the archbishop being voted guilty of high treason by the house of commons , was condemned to die in such a slender house of lords , that onely seven ( viz. the earls of kent , pembroke , salisbury , and bullingbrook , the lords north , gray and brewes , ) were present at the passing of the sentence of his condemnation . which being past , he was brought unto the scaffold on tower-hill on the tenth of january , where he ended his life with such a modest confidence , and so much piety , that his greatest enemies then present , who came to behold the execution with hearts full of joy , returned back with eyes as full of tears . last of all , comes another treaty sollicited by the king consented to by the houses with no small difficulty , and that upon condition to have the treaty held at uxb●idge , a town about fifteen miles from london , and more then twice as much from oxford . according unto which appointment the commissioners met on the thirtieth of january accompanied with some divines , for debating the point of church government , when it came in question . but this treaty proved as unsuccessefull as that at oxford had done before ; the commissioners for the houses offering no expedient for an accommodation , nor hearkening unto such as were tendred to them in the name of the king . so that there being no hope of bringing the warre unto an end this way , both parties were resolved to proceed in the other . the king having wintered his army at oxford and the towns adjoyning , it was thought fit to send the prince into the west to perfect the association which had been begun in the end of the last summer ; and in those countries to advance such further forces as might not onely serve for the defence of themselves , but give some reasonable increase to his m●jesties army . in the beginning of april he set forwards towards bristol , accompanied with the lord culpeper and sir edward hide , as his principall counsellours , and some of the chief gentry of the west , who were of most authority in their severall countreys . but before he had made himself master of any considerable strength , news c●me of the unfortunate successe of the ba●tel of nasby , which much retarded his proceedings ; and hearing afterwards that sir thomas fairfax with his victorious army was marching towards him , he quitted somerset-shire , and drew more westward into the middle of devonshire . bristol being taken , and his majesties affairs growing worse and worse , both there and elsewhere , he sent a message unto fairfax , desiring a safe conduct for the lord hopton , and the lord culpeper to go to the king and mediate with him for a treaty with the parliament . to which , after a fortnights deliberation , he receives an answer the eight of november to this effect , that if he would disband his army , and apply himself unto the parliament , the generall himself in person would conduct him thither . no hopes of doing good this way , and lesse the other , exeter being besieged , and barnstable taken by the enemies forces , he leaves his army to the lord hopton , and withdraws into the dukedome of cornwall . but finding that countrey unable to protect him long , he passeth into the isle of scilly , and from thence unto the queen his mother , whom he found at paris , not doubting but to receive such entertainment in that court , as might be justly looked for by the eldest son of a daughter of france . which passages i have laid together in this place , that i might follow his majesties affairs elsewhere with the less interruption . the prince being gone for bristoll , as before is said , his majesty resolved on the approch of summer , to relieve such of his northern garrisons ; as had been left untaken the year before , and from thence to bestow a visit on the associated counties . but being on his march , and having stormed the town of leicester in his way , he returned again so far as daventry , upon the news that sir thomas fairfax newly made generall in the place of essex , was sate down before oxford . concerning which we are to know , that not long after the beginning of this everlasting parliament , the puritan faction became subdivided into presbyterians and independents ; of which the presbyterians at the first carryed all before them . the independents growing up by little and little , and being better studied in the arts of dissimulation , easily undermined the others , and outed their lord-generall , and all that commanded under him , of their severall places , under colour of an ordinance for self-denyall . that done , they conferred that command on sir thomas fairfax , a man of more precipitation then prudence , not so fit for counsell as execution , and better to charge on an enemy then command an army . with him they joyned collonel oliver cromwel ( whom they dispensed with in the point of self-denyall ) by the name of lieutenant general ; but so that he disposed of all things as commander in chief , and left fairfax to his old trade of execution , to which he had been accustomed . the like alteration happened also in the kings army ; collonel sir patrick ruthen , a man of approved valour and fidelity , being by his majesty made earl of forth in scotland , was on the death of the earl of lindsey made the lord lieutenant of his armies ; and the next year made earl of brentfort , for the good service he had done in that place . having both fortunately and faithfully discharged that office for two years and more , he was outed of his place by a court-contrivement made in the favour of prince rupert , who a little before christmas last was declared generallissimo of his majesties forces : which he most ambitiously aspired unto , and at last obtained , notwithstanding his late defeat at marston-moor , his squandring away so brave an army , and his apparent want of age , experience and moderation for so great a trust . by these new generals the fortune of the war , and the whole estate of the kingdome , which lay then at stake , came to be decided . for fairfax hearing that the king was come back as far as daventry ( which was the matter he desired ) made directly towards him , with an intent to give him battel , and at a place neer naseby in northamptonshire , the two armies met on saturday the 14. of june . the king had the better at the first , but prince rupert having routed one wing of the enemies horse , followed the chace so unadvisedly , that he left the foot open to the other wing ; who pressing hotly on them , put them to an absolute rout , and made themselves masters of his camp , carriage and canon , and amongst other things , of his majesties cabinet , in which they found many of his letters , most of them written to the queen , which were after publisht with little honour to them that did it . for whereas the athenians on the like successe had intercepted a packet of letters from philp king of macedon , their most bitter enemy , unto severall friends , all the rest of those letters being broke open before the common council of athens , one of which was subscribed to the queen olympias , was returned untoucht ; the whole senate thinking it a shamefull and dishonest act to discover and betray the conjugall secrets betwixt man and wife . a modesty in which those of athens stand as much commended by helladius bisantinus , an ancient writer , as the chief leading men of the houses of parliament are like to stand condemned for the want of it in succeeding histories . but we return unto the king ; who having saved himself by flight , gathered together some part of his scattered forces , but never was able to make head against the conquerors ; losing one place after another , till his whole strength was almost reduced to oxford , and some few garrisons adjoyning . i shall take notice onely of some of the principal , viz. chester , conway , hereford , bristol , and exeter , on which so great a part of his affairs did most especially depend . chester first comes within the danger , a city of great importance in those parts of the kingdom . to the relief of this place then besieged by sir william brereton , collonel jones , and others of that party , and at that time brought to some distresse , he made all the convenient speed he could ; but was pursued upon the way , and charged in front by the besiegers , betwixt whom this small army was routed at a place called bauton-heath , and the lord bernard stuart ( newly created earl of lichfield ) killed upon the place ; the last of three brethren that had lost their lives in their princes quarrell . on this discomfiture , the king draws towards the north-east , and commands the lord digby with the remainder of his horse to march for scotland , and there to joyn with the marquesse of montrosse , who with small strengths had acted miracles in that kingdome . but at a village in yorkshire called sherbourn ( a fatall name , but pointing to another place ) where he surprized 700 of the parliaments foot , he he was set upon by collonel cotly , his forces made drunk with the good fortune of the day very easily mastered , and he himself compelled to fly into ireland , never returning since that time to his native country . but notwithstanding the kings misfortune before mentioned , which happened on the twenty ninth of september ; the lord byron , who had the command of the garrison in chester , held it out gallantly till the first of february ; and then perceiving that there was no hopes of any succour , came to an honourable composition , and gave up the town , the greatest part of the countrey falling into the same condition with their mother city . before we leave the north-west parts , we must look upon the fortune of the town and castle of conway , a place of principall command on that narrow channell which runneth between the county of carnarvon and the isle of anglesey . before this town , being then besieged by collonel mitton came doctor john williams , formerly lord keeper of the great seal of england , and at that time arch-bishop of york : who to ingratiate himself with the houses of parliament , and to save the charges of compounding for delinquency , came with some forces to the aid of the besiegers ( some say in armour ) and encamped there till the place was taken ; to the amazement of the world and the eternall infamy and reproch of his person . bristol comes next , a place conveniently seated for the trade of spain , the river capable of great ships , and the port well guarded . at the taking of this city by the kings forces , to such strengths as before it had , there was added a fort royall ( as they called it ) then conceived impregnable ; into this city prince rupert ( who had spent there too much of the year before ) had put himself at the present , and was besieged not long after by sir thomas fairfax , who came before it on the twenty fourth of august , and had it surrendred to him without any memorable resistance , together with the old castle and royall fort , on the thirteenth of september . the quick surrendry of which place , being so well fortified and furnisht with victuall , arms and ammunition , and the weak defences which were made to preserve the same , created some suspicion of disloyalty in prince rupert towards the king his uncle . there had before passed some letters betwixt the king and him , touching the kings coming to a speedy agreement with his houses of parliament , in which the king was prest so far , that he seemed to be displeased at it . and now this news coming on the neck of those letters , startled him into such a distrust of his nephews loyalty , that he dispatcht a messenger with all speed to the lords at oxford , to displace collonell william legg ( one of the confidents of prince rupert ) who had succeeded sir henry gage in the government of that city , and to put into his place sir thomas glenham , a gentleman of known extraction , and more known fidelity . nor were the lords of the council lesse amazed at the news then his majesty was , who thereupon , when prince rupert and his brother maurice returned to oxford , commanded them to be disarmed , and would not suffer them to walk the streets with their swords by their sides , as they had done formerly ; though afterwards by the kings great goodnesse , they were restored to all apparences of favour , though not to any speciall places of command or trust . hereford followes the same fortune , which having in vain been besieged by the scots , from the 13 of july to the first of september , was suddenly surprized by collonel birch and collonel morgan ( this last then governour of glocster ) on the eighteenth of december . exceter holds out longest , and was last attempted , such blocks as lay in the way between fairfax his army and that city being first in the course of war to be removed . which took up so much time that it was the twenty fifth day of january before fairefax could come neer enough to give it a summons , and being summon'd it held out till the thirteenth of april , and then was yielded upon as honourable conditions as any other whatsoever ; all other garrisons in the west being first surrendred , the princes forces worsted at torrington , not long after disbanded upon composition , and he himself retired into france for his personall safety . all these mischances thus hapning on the neck of one another , all the kings hopes and expectation rested upon the coming of sir jacob astley , created lord astley of reading two years since ; who having kept together some remainders of the kings forces since the fight neer chester , and increasing them with the accession of some fresh supplies , marched towards the king , and was to have been met upon the way by sir john campsfield with the oxford horse . but either through the want of intelligence , or the necessity of fate , or some occasionall delayes , it was so long before campsfield was upon his march , that the newes came of the lord astleys being vanquish'd at a place called donnington neer stow on the wold , on the 21 of march . in which fight himself was taken prisoner , and with him all the kings hopes lost of preserving oxford , till he could better his condition . 1646. in this extremity he left that city in disguise on the 27 day of april , anno 1646. and on the fourth of may put himself into the hands of the scots , then lying at the siege of newark . after the taking of which town , they carried him to newcastle , and there kept him under a restraint . the news hereof being brought to oxford , and seconded by the coming of the whole army of sir thomas fairfax , who laid siege unto it , disposed the lords of the council , and such of the principall gentry who had the conduct of the affair , to come to a speedy composition . according whereunto , that city was surrendered on midsomer day ; james duke of york the kings second son , together with the great seal , privy seal , and signet , were delivered up into the hands of the enemy : by whom the young duke was sent to westminster , and kept in the house of s. james under a gard with his brother and sisters ; the seals being carried into the house of peers , and there broke in pieces . but long these young princes were not kept together under that restraint , the princess henrietta being in a short time after conveyed into france by the lady dalkieth ; and the duke of york , attired in the habit of a young lady transported into holland by one captain bamfield . the scots in the meane time being desirous to make even with their masters , to receive the wages of their iniquity , and to get home in safety , with that spoil and plunder which they had gotten in their marching and remarching betwixt tweed and hereford , had not the patience to attend the leisure of any more voluntary surrendries they therefore pressed the king to give order to the marquesse of ormond in ireland , and to all the governours of his garrisons in england , to give up all the towns and castles which remained untaken , to such as should be appointed to receive them for the houses of parliament , assuring him that otherwise they neither could nor durst continue him in their protection . to this necessity he submitted , but found not such a generall obedience to his commands as the scots expected . for not the marquesse of ormand onely , but many of the governours of towns and castles in england considered him as being under a constraint and speaking rather the sense of others then his own ; upon which grounds they continued still upon their guard , in hope of better times or of better conditions . but nothing was more hotly pressed by the scots , then that the marquesse of montrosse should lay down his commission , who with small strength in the beginning , and inconsiderable forces when they were at the best , had acted things in scotland even unto admiration . for besides many victories of lesse consequence , he had twice beaten the marquesse of argile out of the field , followed him home , and wasted his countrey with fire and sword . he vanquisht baily , one of the best souldiers of the faction , commanding over a well-formed army in a set battell fought between them ; followed his blow , and made himself master of the city and castle of edenburgh , releasing divers of his friends who had been seized and imprisoned there when he first took arms . had the lord digby's horse come to him , he had not onely perfected , but assured the conquest of that kingdome . but instead of those aids which he expected , he was unexpectedly set upon , and his whole army broken by david lesley , sent from the scots army in england with six thousand horse to oppose the progresse of his fortune ; whose coming being known to the earl of roxborow and traquair , ( in whom the king continued still his wonted confidence ) was purposely concealed from him ; to the end that he being once suppressed , and in him the kings power destroyed in scotland , they might be sure from being called to an account of their former treasons : however he began to make head again , and was in a way of well-doing , when he received the kings command to disband his forces ; to which he readily conformed , took ship , and put himself into a voluntary exile . these obstacles removed , his majesty conceived some thoughts of finding sanctuary in scotland , the scots having first assured him , ( as he signified by letter to the marquesse of ormond ) before he put himself into their hands , that they would not onely take his person , but so many of his party also as repaired unto him , into their protection , and stand to him with their lives and fortune . according to which hopes on his part , and those assurances on theirs , he had a great mind to return to his native countrey , his ancient and native kingdome , as he used to call it , there to expect the bettering of his condition in the changes of time . but the scots hearing of his purpose , and having long ago cast off the yoke of subjection , voted against his coming to them in a full assembly ; so that we may affirm of him as the scripture doth of christ our saviour , viz. he came unto his own , and his own received him not . the like resolution also was entertained by the commissioners of that nation , and the chiefe leaders of their army , who had contracted with the houses of parliament , and for the summe of two hundred thousand pounds in ready money , sold and betrayed him into the hands of his enemies , as certainly they would have done with the lord christ himself for halfe the money , if he had bowed the heavens and came down to visit them . by the commissioners sent from the houses to receive him , he was conducted to holdenby a fair house of his own , and one of the goodliest piles in england , scituate not far from naseby , ( to the intent that he might be continually grieved with the sight of the fatall place of his overthrow ) but kept so close that none of his domestick servants , no , not so much as any of his own chaplains were suffered to have accesse unto him . in the mean time a breach began betwixt the presbyterian party in both houses and some chief officers of the army , which growing every day wider and wider , one cornet joice , with a considerable party of horse , was sent to seize on his majesties person , and bring him safe to their head quarters . there at the first he was received with all possible demonstrations of love and duty , some of his chaplains licensed to repair unto him , and read the book of common-prayer , as in former times , and the way open to all those of his party who desired to see him . this made the animosities between those of the two houses and the army to be far greater then before , the city closing with that party of the houses which desired the kings coming to the parliament , and going down in a tumultuous manner required the present voting of a personal treaty . this made the speaker and such of both houses , as either held for the army , or had no mind to see the kings return to london , to quit the parliament , and to betake themselves to their protection ; incouraged wherewith they resolved upon their march towards london , to restore those members to their houses , and those houses to the power and freedom of parliaments . upon the noise of whose approach , the citizens who before spake big , and had begun to raise an army , under the command of the lord willowby of parham , sent their petitions for a peace , and gladly opened all their works between hide-park corner and the thames , to make an entrance for the army ; who having placed their speakers in their severall chaires , and supprest those of the opposite party , made a triumphant passage through the chief streets of the city , with trumpets sounding , drums beating , and colours flying . the king removed from one place to another , was brought in the course of those removes to casam lodge , an house of the lord cravens not far from reading , where he obtained the favour of giving a meeting to his children at maydenhith , and there they dined together ; the generall willingly consenting , and the houses then not daring to make any denyall . from thence he was at last brought to his own palace of hampton court , where being terrified with the apprehension of some dangers , which were given out to be designed against his person by the agitators , who for a time much governed the lower part of the army , he left that place , accompanied onely with two or three of his servants , and put himself unfortunately into the power of collonel hammond in the isle of wight , where no relief could come unto him . being secured in carisbrook castle , propositions are sent to him from the houses of parliament , as had been done before at newcastle , and holdenby-house : to which he returned the same answer now as he did before , their demands being nothing bettered , and his condition nothing worse then before it was . provoked wherewith , the houses past their votes of non-addresses to his majesty , and take the government upon themselves , as in the times of vacancy and inter-regnum in the state of rome ; wherein they were confirmed by a declaration from the army , binding themselves to stand to them in defence of those votes . during the time of these restraints , he betook himself to meditation , and then composed that most excellent book entituled {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , or the pourtraiture of his sacred majesty in his solitudes and sufferings . the honour of this work some mercenary sticklers for the two houses of parliament have laboured to deprive him of , and to transfer it to some other , though they know not whom . but it is well known to all that knew him , that his majesty had alwayes a fine stroke with his pen , which he practised at all times of leasure and recesse from businesse , from before his coming to the crown , to these last extremities . by which means he became master of a pure and elegant stile , as both his intercepted letters , and those to mr. henderson at new-castle in the point of episcopacy ( where he could have no other helps but what he found in himself ) do most clearly evidence . 1648. and now the subjects of both kingdoms , which before had joyned in arms against him , began to look upon his estate with commiseration ; and seeing they could obtain no favour , or freedom for him in the way of petition , they resolved to try their fortunes in the way of force . and first a very considerable part of the royall navy , encouraged by captain batten , formerly vice-admirall to the earl of warwick , was put into the power of the prince of wales to be made use of for his majesties service in that sad condition ; and next the kentish , who twice or thrice before had shewed their readinesse to appear in arms on his behalf , put themselves into a posture of war under the conduct of one master hales ( an heir of great hope and expectation ) and after under the command of george lord goring earl of norwich . the ●arl of holland , whom he had cherisht in his bosome , and who unworthily deserted him in the first beginning of his troubles , repenting when it was too late , of his great disloyalties , began to raise some small forces in the county of surrey ; langhern , poyer , and powel , who before had served under the pay of the houses , seized on some strong towns and castles in south-vvales , and declared against them ; the castle of pomfret was surprized by stratagem , and kept by them who had surprized it , for his majesties service . and finally the marquesse of hamilton ( not long before created duke hamilton of arran ) having raised a strong army of scots , confederated himself with sir marmaduke langdale , and sir thomas glenham and others of the kings party in the north , and having garrisoned the towns of berwick and carlisle , past into england with his forces under colour of restoring the king to his crown and liberty . but these eruptions in both kingdoms , though they might give hi● majesty some hopes of a better condition , yet did they not take him off from looking seriously into himself , and taking into consideration those things which had formerly passed him , and which might seem most to have provoked gods displeasure against him . and what they were which most particularly grated on his conscience appeareth by the prayer and confession which he made for the times of his affliction ; and is this that followeth , viz. almighty and most mercifull father , as it is only thy goodnesse that admits of our imperfect prayers , and the knowledge that thy mercies are infinite , which can give us any hope of thy accepting or granting them ; so it is our bounden and necessary duty to confesse our sins freely unto thee : and of all men living , i have most need , most reason so to do , no man having been so much obliged by thee , no man more grievously offending thee : that degree of knowledge which thou hast given me , adding likewise to the guilt of my transgressions . for was it through ignorance that i suffered innocent blood to be shed by a false pretended way of justice ? or that i permitted a wrong way of thy worship to be set up in scotland , and injured the bishops in england ? o no ; but with shame and grief i confesse , that i therein followed the perswasions of worldly wisdome , forsaking the dictates of a right-informed conscience . wherefore o lord , i have no excuse to make , no hope left but the multitude of thy mercies ; for i know my repentance weak , and my prayers faulty . grant therefore , mercifull father , so to strengthen my repentance , and amend my prayers , that thou maist clear the way for thine own mercies ; to which o let thy justice at last give place , putting a speedy end to my deserved afflictions . in the mean time , give me patience to endure , constancy against temptations , and a discerning spirit to chuse what is best for thy church and people which thou hast committed to my charge . grant this , o most mercifull father , for thy son jesus christs sake , our onely saviour , amen . now as the king thus armed himself against all future events , in the middle of these hopes and expectations ; so the houses of parliament were not wanting to themselves in their care and diligence to destroy those hopes , and make those expectations fruitlesse and of no effect . for the storm thus breaking out on all sides , lieutenant generall cromwel with some part of the army is ordered to march into wales ; where he reduced such towns and castles under his command as had before been manned against them , the three chief captains above named yielding themselves upon the hopes of that mercy which they never tasted . this done he hasteneth towards the scots , whom he found in lancashire , discomfits them , takes all their foot , with their canon , arms , and ammunition . the duke or marquesse , with his horse , which had escaped out of the fight , were so closely followed by the diligence of the pursuers , that most of his horse being slain or taken , himself was sent prisoner unto london . following his blow , cromwel bestowes a visit on scotland , suppresses all those in that kingdome , who stood in any sort suspected of the crime of loyalty , the towns of berwick and carlisle being delivered into his hands without blowes or blood-shed . an expedition which he made good use of in his following counsels , discovering by this means the weaknesse and condition of the countrey , the irreconcilable factions and part-takings amongst the great ones of that realm , on whose divided wills and pleasures all the rest depended ; and on what side they lay most open and assaultable , when any further occasion should be taken ( as there after was ) to attempt upon them . in the mean time some troops of the other part of the army scatter the weak forces of the earl of holland , who flying towards the north , is taken at saint neots in the county of huntingdon , and sent prisoner unto london also . the kentish being either scattered , or forced over the thames , put themselves into the town of colchester , and are there besieged by sir thomas fairfax himself with his part of the army . the issue of which siege was this , that after some extremities endured by the besieged , the place was yielded upon composition , the townsmen to be safe from plunder , the souldiers and their commanders to yield themselves prisoners absolutely without any conditions . the principal of these were the lord capel , sir charles lucas , and sir george lisle , all of them of approved valour and fidelity : of which the two last were shot to death upon the place , the first reserved for the scaffold ; on which he lookt death in the face with as much magnanimity , as hamilton and holland ( who suffered at the same time with him ) entertained it with a poorness and dejection of spirit . and which was worst ( because it lost some reputation to the prince in his first attempt ) the marriners growing discontented that prince rupert was appointed to be their admirall , instead of the lord vvilloughby of parham , by whom they desired to be commanded , fell off with many of their ships , and returned again to their old admirall the earl of vvarwick . by the withdrawing of which ships he was rendred the lesse able to do any thing considerable on the sea , and landing with some forces neer deal-castle in kent , sped not so fortunately as both his friends hoped and himself expected . but notwithstanding these successes , the houses seeing how desirous the whole nation was of a personall treaty , recalled their votes of no-address , and ordered that a personall treaty should be held with his majesty at newport in the isle of vvight , to begin on the eighteenth day of september next following . but the commissioners which were sent to mannage this treaty , spent so much time upon each nicety and punctillio of the propositions , before they drew towards a conclusion , that they gave the officers of the army too much opportunity to frame and publish a remonstrance , bearing date at s. albans on the sixteenth of november . in which it was declared that the king was the sole cause of all that blood-shed which had been made in the kingdome , that he was incapable of any further trust in the publick government , and that nothing could be more expedient to the safety of the common-wealth , then to bring him to the bar of justice . nor staid they there , but in pursuit of this design , some of the officers were appointed to go into the isle of wight , and having seized upon his person to bring him over to hurst castle in hampshire , from whence they brought him by degrees to vvindsor , and at last to vvestminster . and on the other side , the independent party in the house of commons ( holding intelligence with the army ) voted his majesties concessions to be so unsatisfactory , that no well-grounded peace could be built upon them . in the next place , a care was taken by the army to purge the house of all those members to whom his majesties condescensions had given satisfaction . which done , a new court , called the high court of justice , is to be set up , a president of the same appointed , certain commissioners nominated to act as judges , and a set time designed to call his majesty to a tryall , in an unprecedented way , before his subjects . it is reported that at his going from the bar , one of the souldiers most barbarously spit in his face , and used very reproachfull words against him . which though his majesty suffered with his wonted patience , yet the divine vengeance would not suffer it to go unrevenged ; that wretch being not long after condemned in a court of war , for some endeavours to make a mutiny in the army , and openly sho● to death in s. pauls church-yard . and now saturday the 20 of january , the day of his appearing being come , his majesty was brought from the palace of saint james unto vvestminster hall , to appear before the new judges , and answer unto all particulars which are thought fit to be objected . his appearance could not be avoided , in regard he was under a constraint ; but no constraint could force his will to make him acknowledge their authority , or submit himself unto their judgement . he would not so betray the liberty of the english subject ( as he plainly told them ) to any arbitrary and lawlesse power , as he must needs do by submitting unto their proceedings ; and therefore since the laws and liberties of the land were now in question , he stood resolved to dy a martyr for them both . for which contempt ( having stood resolutely on the same term , as oft as he was brought before them ) he was sentenced on saturday the twenty seventh of the same moneth to lose his life , by the dividing of his head from his body . that fatall morning being come , the bishop of london , who attended on him in that sad exigent , read the morning prayers , and for the first lesson thereof , the 27 chapter of s. matthews gospel , relating the history of our saviours sufferings under pontius pilate , by the practise of the chief priests , the scribes and pharisees , and others of the great council of the jewish nation . at first his majesty conceived that the bishop had made choice of that chapter , as being very agreeable to his present condition ; but when he understood that it was the chapter which the church had appointed for that day in her publick kalendar , he seemed to apprehend it with some signes of rejoycing . no sooner had he done his devotions , but he is hurried to vvhite-hall , out of the banqueting-house , whereof a way was forced to a seaffold on which he was to act the last part of his tragedy in the sight of the people . having declared that he died a martyr for the lawes of this kingdome , and the liberties of the subjects , he made a confession of his faith , insinuating that he died a true son of the church of england , he betook himself to his private devotions , and patiently submitted that royal head to an executioner , which had before been crowned with so much outward pomp and splendour . the members of both houses had often promised him in their petitions , messages and declarations , that they would make him a great and glorious king , and now they were as good as their words , changing his fading but painfull crown of thorns , which they first platted for him , to an immarcessible crown of glory . at his first coming to the crown , one of his chaplains in ordinary , and now a bishop in this church , taking good heed unto the close contrivances of some , and the seditious actings of others in his two first parliaments , thought fit to give him and his council such an item of it , as might awaken them to prevent those mischiefs which otherwise might ensue upon it . and thereupon he preached before them on these words of s. matthews gospel , viz , but when the husbandmen saw the son , they said among themselves , this is the heir , come let us kill him , and let us seize on his inheritance , mat. 21.38 . in the dissecting of which text , he made such an anatomy of the husbandmen , whom he had in hand ( with reference to some plots and practises which were then on foot ) and his whole discourse upon the same , that he gave the king and those about him such remembrances , as might make them have an eye unto themselves and the publick safety . but then withall ( though he carried on the matter with great care and prudence ) he drew so much danger on himself from some leading members in the second parliament , who thought themselves as much concerned in the sermon as the chief priest and pharisees did in the parable , that he was upon the point of leaving the kingdome , when he had news that his majesty had dissolved the second parliament in no small displeasure . what he then preached concerning the said husbandmen , was after practised , and that he then fore-signified was accomplished now . which shewes him to have been both a priest and a prophet , if at the least the name of a prophet may be given unto any man who foretelleth not of things to come by divine revelation , but out of a deep insight into businesse . but we return unto the king , whom if we looke on in his children ( the most lively images and representations of deceased parents ) we shall find him to have been the father of four sons and five daughters . 1. charles-james born at greenwich on wednesday the 13. of may , 1629. but died almost as soon as born , having been first christened by dr. web , one of the chaplains in attendance , and afterwards a bishop in ireland . 2. charles duke of cornwall by birth , prince of wales in designation , and knight of the garter , born at his majesties house of saint james neer vvestminster , may 29. 1630. solemnly crowned king of the scots at edenburgh on the first day of january , anno 1650. but being invaded by an army from england , under the command of generall cromwell , he was forced to quit that kingdome and try his fortunes in the other ; so closely followed by the army , which compelled him to that expedition , he was fought with neer vvorcester on the third of september 1651. before the earl of darby and some others of his party here could come to aid him with their forces . in which battel , though he acted beyond the expectation of his friends , and to the great applause of his very enemies ; yet it so pleased the divine providence that he lost the day , and being miraculously preserved ( notwithstanding the diligent search which was made after him ) he passed safely over into france to the queen his mother . finding that court unsafe for him , he passed into flanders , accompanied with his brother the duke of york , anno 1654. where they have continued ever since . 3. james born in the same place on the 13. day of october anno 1633. entituled duke of york by his majesties command at the time of his birth ; created so by letters patents , bearing date at oxford , january 27. anno 1643. and not long after made knight of the garter . taken prisoner at the surrendry of oxford , june 24. 1646. he was carried to his majesties house of saint james , and there kept under a guard with his brother and sister ; but being attired in the habit of a young lady , he was conveyed thence about two years after by one collonel bamfield , who brought him safely into holland , and presented him a most welcome guest to the princesse of orange , from whence he past afterwards into france to his mother and brother . 4 henry born on the eighth of july , designed to the dukedome of glocester , and so commanded to be called . left by his majesty at the house of saint james ( the place of his birth ) at such time as he withdrew towards the north , anno 1642 , he remained there till the death of his father , and some years after , and then upon the promise of an annual pension , was permitted to go into france to his mother and the rest of the kings children . but in the year 1654. almost as soon as his two elder brethren had removed themselves into flanders , he found a strong practise in some of the queens court to seduce him to the church of rome , whose temptations he resisted beyond his years , and thereupon was sent for by them into flanders . 5. mary born on the fourth of november , 1631. and married to count vvilliam of nassau eldest son to henry prince of orange , on sunday the second of may , anno 1641. conveyed by the queen her mother into holland in february following , where she stil remains . her husband having succeeded his father in all his titles and estates , died young , and left her the hopefull mother of a son , now prince of orange . 6. elizabeth born the twenty eighth of january 1635. survived her father , but died with hearts grief not long after . 7. anne born the seventeenth of march 1637. died before her father . 8. katharine , who died almost as soon as born . 9. henrietta born at exceter june the sixteenth 1644. conveyed not long after into france by the lady dalkeith to the queen her mother , where she still remains . it is observed of the vvolf , that as soon as he is once full he begins to howl , and such a howling fit fell at this time on the presbyterians . they had carried on this tragedy to the very last act from the first bringing in of the scots to the beginning of the war , and from the beginning of the war till they had brought him prisoner into holmby-house , and then quarrelled with the independents for taking the work out of their hands , and robbing them of the long-expected fruits of their plots and practises . they cried out against them in their pulpits , and clamoured against them in their pamphlets for this most execrable fact , of which themselves were parcel-guilty at the least , et si non re , at voto pariter regicidae , &c. on the other side , the independents , who had washt their hands in the blood of the king , seemed as desirous as the presbyterians to wash their hands of it . by them it was alledged more calmly , that they had put charles stuart to death , against whom they had proceeded as the sole cause of so much bloodshed ; but that the king had been murthered a long time before by the presbyterians , when they deprived him of his crown , his sword and his scepter ; of his crown , by forcing from him those prerogatives which placed him in a throne of eminence above his people ; of his sword , by wresting the militia out of his hands , by which he was made unable to protect them ; and finally , of his scepter , in divesting him of the power of calling parliaments , and of his negative voice in making those laws by which he was to govern all estates of men under his dominion . and more then so , that they had deprived him of his naturall liberty , as he was a man , of the society of his wife , as he was a husband , of conversation with his children , as he was a father , of the attendance of his servants , as he was a master , and in a word , of all those comforts which might make life valued for a blessing . so that there was nothing left for the independents to do , but to put an end to those calamities , into which this miserable man , this vir dolorum ( as he might very well be called ) had been so accursedly plunged by the presbyterians . thus did each party seek to shift the guilt of this most execrable act upon one another , and thus fell charles the meekest of men and the best of princes , leaving behind him an example of christian fortitude , in suffering patiently that blow , which neither the law of god or man , nor any deservings of his own could inflict upon him . his body being removed to vvindsor was there interred in the same vault with k. henry the 8. but not interred with that solemnity , nor in that publick form and manner which is appointed in the liturgy of the church of england , of which he had been alwayes a devout observer , and to the last a resolute patron and defender . his funerall solemnized and his death lamented with fewer tears than can be easily imagined ; men bleeding inwardly from their hearts , when their eyes durst not expresse outwardly what grief they felt . so dangerous were the times , vt suspiria etiam subscriberentur ( as tacitus affirmeth of the times of domitian a most cruell tyrant ) that mens very sighs were registred and kept upon account toward the undoing of many in the time to come . but though he died thus in the strength of his years , he still lives in the memories of all good men , and by that most excellent portraiture which he hath made of himself , will be preserved alive amongst all nations , and unto all succeeding ages . the pourtraiture of king charles in his solitudes and sufferings , will be a character of his parts and piety beyond all expressions but his own ; a monument of richer metall than all the tombs of brasse or marble erected to the honour of his predecessors ; which no inscription whatsoever , though in letters of gold , and engraven with a pen of diamonds , can be able to parallel . and so i shut up this short view of the life and reign of this glorious king , as tacitus doth the life of julius agricola , a right noble roman ( the names of the persons onely changed ) viz. quiquid ex carolo amavimus , quicquid mirati sumus , manet mansurumque est in animis hominum , in aeternitate temporum , fama rerum . horat. carm. lib. 1. ode 24. multis ille bonis flebilis occidit , nulli flebilior quam mihi — the end . the way and manner of the reformation of the church of england declared and justified against the clamors and objections of the opposite parties / by peter heylyn ... heylyn, peter, 1600-1662. this text is an enriched version of the tcp digital transcription a43559 of text r202431 in the english short title catalog (wing h1746). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 237 kb of xml-encoded text transcribed from 50 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a43559 wing h1746 estc r202431 12417622 ocm 12417622 61736 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a43559) transcribed from: (early english books online ; image set 61736) images scanned from microfilm: (early english books, 1641-1700 ; 941:28) the way and manner of the reformation of the church of england declared and justified against the clamors and objections of the opposite parties / by peter heylyn ... heylyn, peter, 1600-1662. [8], 90 p. printed by e. cotes for henry seile ..., london : 1657. reproduction of original in union theological seminary library, new york. table of contents: p. [6]-[7] errata: p. [8] eng church of england -parties and movements. a43559 r202431 (wing h1746). civilwar no ecclesia vindicata: or, the church of england justified: i. in the way and manner of her reformation. ii. in officiating by a publick liturg heylyn, peter 1657 41956 1259 15 0 0 0 0 304 f the rate of 304 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2002-08 tcp assigned for keying and markup 2002-10 aptara keyed and coded from proquest page images 2002-11 rina kor sampled and proofread 2002-11 rina kor text and markup reviewed and edited 2002-12 pfs batch review (qc) and xml conversion the way and manner of the reformation of the church of england declared and justified : against the clamors and objections of the opposite parties . by peter heylyn , d. d. malach. 2. 7. lab●a sacerdotis custodient sapientiam , & legem requirent ex ore ejus : quia angelus domini exercituum est . heb. 13. 17. obey them that rule over you , and submit your selves ; for they watch for your souls , as they that must give account , that they may do it with joy and not grief . london , printed by e. cotes for henry seile over against st. dunstans church in fleetstreet , m.dc.lvii . to the reader . the occasion which induc'd me to the writing of this discourse hath been already touched at in our general preface , and shall be shewn thee more at large in the following preamble or introduction . let it suffice thee now to know , that it was done on an occasion really given , and not in supposition only , the better to bring in the design which i have in hand ; and that it gave such satisfaction to the party for whose sake it was undertaken , that it was thought fit by some to have it publisht for the use of others . but being published by a faulty and imperfect copy , i caus'd it presently to be call'd ●in ; not willing it should goe abroad ( though without my name ) till it were able in some measure to defend it self , if not to justifie the authour . being now set upon a resolution , which god bless me me in , of vindicating this poor church ( as far at least as in me is ) in her forms of worship , her government and establisht patrimony , together with the times and places destinate to her sacred offices ; i have thought good to place this tractate in the front , as a praecognitum or necessary manuduction unto all the rest . the way and manner of the reformation of the church of england declared and justified , cannot but give a good relish unto all that follows , being no other then the essentiall parts and branches of that reformation . if thou art satisfied in this , it will be a faire omen to me , that the rest may not prove unwelcome . and that thou mayst peruse it with the greater chearfulness ; i will not keep thee longer in the entrance of it ; it being no good husbandry to waste that friend in petit matters , whom we endeavour to preserve for nobler favours . and so fare thee well . the contents of the chapters ▪ sect. i. the introduction sh●wing the occasion , method , and design of the whole discourse . pag 1. 1. of calling or assembling the convocation of the clergie , and the authority thereof when convened together . 3. 2. of the ejection of the pope , and vesting the supremacy in the regal crown . 10. 3. of the translation of the scriptures , and permitting them to be read in the english tongue . 13. 4. of the reformation of religion in the points of doctrine . 19. 5. of the reformation of the church of england in the forms of worship ; and the times appointed thereunto . 28. 6. of the power of making canons , for the well ordering of the clergy , and the directing of the people in the publick duties of religion . 34. 7. an answ●● to the main objections of either party . 38. sect. ii. 1. that the church of england did not innovate in the ejection of the pope , and setling the supremacy in the regal crown . pag. 46. 2. that the church of england might proceed to a reformation●ithout the approbation of the pope or the church of rome . 52. 3. that the church of england might lawfully proceed to a reformation without the help of a general councell , or calling in the aid of the protestant church . 62. 4. that the church did not innovate in translating the scriptures and the publick liturgie in to vulgar tongues , and of the consequents thereof to the church it self . 70. 5. that the proceedings of this church in setting out the english liturgie were not meerly regal ; and of the power of soveraign princes in ecclesiastical affaires . 79. 6. that the clergie lost not any of their just rights by the act of submission , and that the power of calling and confirming councels did antiently bel●ng to the christian princes . 86. the errata of the first part to be thus corrected . pape 1. for new read your , p. 8. r. conv●ni●ntly , p. 9. r. p●iviledged , p. 9. r. ejection , p. 11. l. 10. r. enact , p. 12. l. 22. r. final , p. 13. l. 16. to phil. and mary , add , yet were they all revived in the 1. of elazabeth , p. 19. l. 19. r. sacraments , p. 25. l. 17. r. not on it , p 30. r. holbeck , p. 34. r. warham . p. 56. l. 11. r. four , p. 58. l. 7. r. canon law , p 63. l. 27 r. come , p. 76. l. 6. dele to the popes authority on the one side , or the other side , p. 72. l. 7. r. of it into the , p. 84. l. 22. r. formerly , p. 93. l. 23. r. continued , p. 95. l. 7. r. humble , p. 181. l. 1. r. we shall see hereafter , p. 194. l. 6. r. one new body , p. 251. l. 20. r. nicomedia , p. 254. l. 2. r. derived , p. 258. l. 1. r. sabbath , p. 292. l. 10. r. hint , p. 296. l. 21. r. praefantes , p. 300. l. 23. r. cure . p. 342. l. 3. dele greek and . the way of the reformation of the church of england declared and justified , &c. the introduction . shewing the occasion , method , and design of the whole discourse . my dear hierophilus , _ 〈◊〉 company is alwaies very pleasing to me ; but you are never better welcome then when you bring your doubts and scruples along with you , for by that means you put me to the studying of some point or other , whereby i benefit my self , if not profit you . and i remember at the time of your last being with me , you seemed much scandalized for the church of england , telling me you were well assured that her doctrine was most true and orthodox , her government conform to the word of god and the best ages of the church ; and that her publick liturgie was an extract of the primitive formes ; nothing in all the whole composure but what did tend to edification and increase of piety . but for all this , you were unsatisfied ( as you said ) in the waies and means by which this church proceeded in her reformation , alledging , that you had heard it many times objected by some partisans of the church of rome , that our religion was meer parliamentarian , not regulated by synodical meetings , or the authority of councels , as in elder times ; or as dr. harding said long since in his answer unto b. iewel , that we had a parliament religion , a parliament faith , and a parliament gospel : to which scultingius and some others after added , that we had none but parliament bishops , and a parliament clergy ; that you were apt enough to think that the papists made not all this noise without some ground for it , in regard you have observed some parliaments in these latter daies so mainly bent to catch at all occasions , whereby to manifest their power in ecclesiastical matters , especially in constituting the new assembly o● divines and others . and finally , that you were heartily ashamed , that being so often choaked with these objections , you neither knew how to traverse the indictment , nor plead not guilty to the bill . some other doubts you said you had , relating to the king ▪ the pope , and the protestant churches , either too little or too much look'd after in our reformation , but you were loth to trouble me with too much at once . and thereupon you did intreat me to bethink my self of some ●it plaster for the sore which did oft afflict you , religiously affirming that your desires proceeded not from curiosity , or an itch of knowledge , or out of any disaffection to the power of parliaments ; but me●rly ▪ from an honest zeal to the church of england , whose credit and prosperity you did far prefer before your life , or wha●soever in this world could be dear unto you ; adding withall , that if i would take this pains for your satisfaction , and help you out of these perplexities which you were involved in , i should not only do good service to the church it self , but to many a wavering member of it , whom these objections had much staggered in their resolutions . in fine , that you desired also to be in●ormed how far the parliaments had been interessed in these alterations of religion , which hapned in the reign● of k. hen. the 8. k. edw. the 6. and q●een elizabeth ? what ground there was for all all this clamour of the papists ? and whether the houses , or either of them , have exercised of old any such authority in matters of ecclesiastical or spiritual nature , as some of late have ascribed unto them ? which though it be a dangerous and invidious subject ( as the times now are ) yet for your sake , and for the truths , and for the honour of parliaments , which seem to suffer much in that popish calumny , i shall undertake it ; premising first , that i intend not to say any thing to the point of right , whether or not the parliament may lawfully meddle in such matters as concern religion ; but shall apply my self wholly unto matters of fact , a● they relate unto the reformation here by law established . and for my method in this businesse , i shall first lay down by way of preamble , the form of calling of the c●nvocation of the clergy here in england , that we may see by what authority they proceed in their constitutions , and then declare what was acted by the clergy in that reformation : in which , i shall begin with the ejection of the pope , and setling the supremacy in the crown imperial of this realm ; descending next to the translation of the scriptures into the english tongue , the reformation of the church in doctrinals and formes of worship , and to proceed unto the power of making canons for the well ordering of the clergy , and the direction of the people in the exercise of their religion ; concluding with an an●wer to all such objections ( by what party soever they be made ) as are most mate●ial . and in the canvassing of these points , i doubt not but it will appear unto you , that till these late busie and unfortunate times , in which every man intrudeth on the priestly function , the parliaments did nothing at all either in making canons , or in matters doctrinall , or in translation of the scriptures : next that that lit●le which they did in reference to the formes and times of worship , was no more then the inflicting of some temporal or legal penalties on such as did neglect the one , or not conform unto the other , having been first digested and agreed upon in the clergy way : and finally that those kings and princes before remembred , by whose authority the parliaments did that little in those formes and times , did not act any thing in that kinde themselves , but what was warranted unto them by the word of god and the example of such godly and religious emperors and other christian kings and princes , as flourished in the happiest times of christianity . this is the sum of my design , which i shall follow in the order before laid down : assuring you that when you shall acquaint me with your other scruples , i will endevour what i can for your satisfaction . 1. of calling or assembling the convocation of the clergy , and the authority thereof when conveen'd together . and in this we are first to know , that anciently the archbishop of the several provinces of canterbury and york were vested with a power of convocating the clergy of their several and respective provinces , when , and as often as they thought it necessary for the churches peace . and of this power they did make use upon all extraordinary and emergent cases , either as metropoli●ans and primates in their several provinces , or as legati nati to the popes of rome : but ordinarily , and of common course especially after the first passing of the acts or statutes of praemuniri , they did r●strain that power to the good pleasure of the kings under whom they lived , and used it not but as the necessities and occasions of these kings , or the distresses of the church did require it of them ; and when it was required of them , the writ or pr●cept of the king was in this form following . r●x , &c. reverendissimo in christo patri n. cantuariensi archiepiscopo totius angliae primati & a●ostolicae sedis l●gato salutem . quibusdam arduis & urgentibus negotiis d●f●nsionem & securitatem eccle●ae anglicanae , ac pacem , tranquillitatem , & ●onum publi●um , & defensionem regni nostri , & subditorum nostrorum ejusd● m concernentibus , vobis in fide & dilectione , quibus nobis tenemini , rogando mandamus , quatenus praemissis debito intuitu attentis & ponderatis universos & singul●s episcopos vestrae provinciae , ac decanos & priores 〈…〉 & non exemptos , nec non archidiaconos , conventus , capitula , & collegia totumque clerum ●ujuslibet dioceseos ejusdem provinciae , ad c●nveniendum coram vobis in ecclesia sancti pauli london . vel alibi , prout melius expedire videritis , cumomni celeritate accommoda modo debito convocari faciatis ; ad tractandum , consentiendum & conclud●ndum super praemissis & aliis quae sibi clarius proponentur , tunc & ibidem ex parte nostra . et hoc si●ut nos & statum regni nostri , ac honorem & utilitatem ecclesiae praedictae diligitis , nullatenus omittatis . teste meipso , &c. these are the very words o● the antient writs , and are still retained in these of later times ; but that the ti●le of legatus sedis apost●licae , then used in the archbishops stile was laid aside together with the pope himself ; and that there is no mention in them of abbots , priors , and conven●s , as being now not extant in the church of england . and in this writ you may observe ; first , that the calling of the bishops and clergy of the province of canterbury to a synodical ▪ assembly , belonged to the arch bishop of that province only ( the like to him of york also within the sphere or verge of his jurisdiction . ) secondly , that the nominating of the time and place for this assembly was left to the arch bishops pleasure , as seemed ▪ best unto him ; though for the most part , and with reference unto themselves & the other p●elates , who were bound to attend the service of the king in parliament , they caused these meetings to be held at the time and place , at , and to which the parliament was or had been called by the kings authority . thirdly , that from the word convocari used in the writ , the synodical meetings of the clergy were named convocations . and fourthly , that the clergy thus assembled in convocation had not only a power of treating on and consenting unto such things as should be there propounded on the kings behalf , but a power also of concluding or not concluding on the same as they saw occasion : not that they were restrained only to such points as the king propounded , or were proposed in his behalf to their c●nsideration ; b●t that they were to handle to his businesse with their own , wherein they had full power when once met together . in the next place we must behold what the archbishop did in pursuance of the kings command for calling of the clergy of his province to a conv●cation , who on the receipt of the kings writ presently issued out his mandate to the b●sh●p of london ( d●an by his plac● of the whole colledge of bishops of that province ) ●equiring him immediately on the sight hereof ( and of the 〈…〉 and included in it ) to cite and summon all the bishops , and other prelates , deans , arch-deacons , and capitular bodies , with the whole clergy of that province , that they the said bishops , deans , arch-deacons , in their own persons , the capitular bodies by one procurator , and the clergy of each diocess by two , do appear before him at the time and place by him appointed , and that those procurators should be furnished with sufficient powers by those which sent them , not only to treat upon such points as 〈…〉 england , and to give their counsel in the same : sed ad consentiendum ●is quae ibidem ex com●un● delibe●a●ione ad honorem dei & ecclesiae in praemissis contigerint concorditer ordinari ; but also to consent both in their own names , and in the names of those who sent them , unto all such things , as by mature deliberation and consent should be there ordained . which mandate being received by the bishop of london , the several bishops cited accordingly , and intima●ion given by those bishops u●to their arch-deacons for summoning the clergy to make choice of their procurators , as also the chapters , or capitular bodies , to do the like : the next work is to proceed to the choice of those procurators . which choice being made , the said chapters under their common seals , and the said clergy in a publick writing subscribed by them , do bind themselves sub hypotheca omnium bonorum suorum , under the pawn and forfeiture of all their goods moveable and immoveable ( i speak the very words of these publick instruments ) se ratum , gra●um & accep●um habere quicquid dicti procuratores sui nomine & vice suis fecerint , &c. to stand to and perform whatsoever their said procurators , in their name and stead , shall do , determine and consent to . the like is also done in the province of york ; but that the arch-b. thereof sends out the summons in his own name to the suffragan bish●ps , the province being small , and the suffragans not above three in number . finally , as the convocations of the clergy in their several provinces were called by the arch-bishops only , the kings writ thereunto requiring and authorizing ; so by the same powers were they also dissolved again , when they had done the business they were called about , or did desire to be dismissed to their own affairs . at which time by special writ or mandates to the said arch-bishops , expressing the calling and assembling of the convocation by ve●tue of the former prec●pt , it is declared , that on certain urgent causes and considerations moving his majesty thereunto , he thought fit with the advice of his privie councel , that the same should be again dissolved : et ideo vobis mandamus quod eandem praesentem convocationem hac instanti die debito mod● sine ulla dilatione dissolvatis , sive dissolvi faciatis , prout convenit ; and therefore did command them to dissolve it , or cause the same to be dissolved in the accustomed manner without delay . which writ received , and not before , the convocation was dissolved accordingly : and so it holds in law and practise to this very day . i have the longer staid on these publick formes , partly because not obvious unto every eye ; but specially to let you see by what authority the clergy are to be assembled in their convocations , and what it is which makes their canons and conclusions binding , unto all those which send them thither , or intrust them there . their calling by the kings authority makes their meeting lawful , which else were liable to exceptions and disputes in law , and possibly might render them obnoxious to some grievous penalties ; and so would their continuance too after the writ was issued for their dissolution . as on the contrary their breaking or dissolving of their own accord , would make them guilty of contempt , and consequently subject to the kings displeasure ; for being called by the kings writ , they are to continue till dissolved by the kings writ also , notwithstanding the dissolving of the parliament , with which sometimes it might be summoned . and so it was resolved in terminis , by the chief ●udges of the realm and others of his m●jesties counsel learned , may 10. anno 1640. at such time as the convocations did continue sitting , the parliament being most unhappily dissolved on the tuesday before , subscribed by finch lord keeper of the great seal , manchester then lord privy seal , littleton chief ●ustice of the common-plea● , ban●es atturney general , whitfield and heath his majesties sergeants , authority enough for the poor clergy to proceed on , though much condemned and maligned for obedience to it . [ now as they have the kings authority not only for their meeting , but continuance also ; so also have they all the power of the whole national clergy of england , to make good whatsoever they conclude upon : the arch-bishops , deans , arch-deacons , acting in their own capacities , the procurators in the na●e and by the power committed to them , both by the chapters or capitular bodies , and the dioces●n clergy of both provinces . and this they did by vertue of that power and trust alone , without any ratification or confirmation from king of parliament , untill the 25 year of king henry the 8. at which time they bound themselves by a synodical act ( whereof more hereafter ) not to enact , promulge , or ●xecute any canons , constitutions , or ordinances provincial in their c●nvocations for time coming , unlesse the king● highness by his royal assent command them to make promulge , and execute the same accordingly . before this time they acted absolutely in their convocations of their own authority , the king● assent neither concurring nor required ; and by this sole authority which they had in themselves , they did not only make canons , declare heresie , convict and censure persons suspected of heresie , in which the subjects of all sorts ( whose votes were tacitely included in the suffrages of their pastors & spi●itual fathers ) were concerned alike . but also to conclude , the clergy whom they represented in the point of property , imposing on them what they pleased , and levying it by canons of their own enacting . and they enjoyed this power to the very day in which they tendred the submission , which before we spake of . for by this self-authority ( if i may so call it ) they imposed and levied that great subsidie of 120000 l. ( an infinite sum as the standard of the times then was ) granted unto king henry the 8. anno 1530. to free them from the fear and danger of the praemuni●i . by this benefit of the chapter called similiter in the old provincial , extended formerly to the university of oxon only , was made communicable the same year unto cambridge also . by this crome , latimer , bilney , and divers others , were in the year next following impeached of heresie . by this the will and testament of william tracie of toddington was condemned as scandalous and heretical , and his body taken up and burnt not many daies before the passing of the act of submission , anno 1532. but this power being thought too great or inconsistent at least with the kings design touching his divorce , the clergy were reduced unto such a straight by the degrees and steps which you find in the following section , as to submit their power unto that of the king , and to promise in verbo sacerdotii , that they would do and enact nothing in their convocations without his consent . and to the gaining of this point , he was pressed the rather , in regard of a remonstrance then presented to him by the house of commons , in which they shewed themselves aggrieved , that the clergy of this realm should act authoritatively , and supremely in the convocations , and they in parliament do nothing , but as it was confirmed and ratified by the royal assent . which notwithstanding , though this submission brought down the convocation to the same level with the houses of parliament ; yet being made unto the king in his single person , and not as in conjunction with his houses of parliament , it neither brought the convocation under the command of parliaments , nor rendred them obnoxious to the power thereof . that which they did in former times of their self-authority ( in matters which concerned the church ) without the kings consent co-operating and concurring with them , the same they did and might do in the times succeeding , the kings authority and consent being superadded , without the help and midwifery of an act of parliament , though sometimes that authority was made use of also , for binding of the subject under temporal and legal penalties , to yeeld obedience and conformity to the churches orders . which being the true state of the present businesse , it makes the clamour of the papists the more unreasonable ; but then withall it makes it the more easily answered . temporal punishments inflicted on the refractory and disobedient in ●temporal court , may adde some strength unto the decrees and constitutions of the church , but they take none from it : or if they did the religion of the church of rome , the whole mass of popery , as it was received and setled h●●e in qu. marios reign , would have a sor●y c●utch ●o stand upon , and might as justly bear the name of a parliament faith , as the reformed religion of the church of england . it is true indeed , that had those convocations which were active in that reformation , being either call'd or summoned by the king in parliament , or by the houses separately , or 〈◊〉 without the king ; or had the members of the same been nominated and impo●●ered by the hous alone , and intermixt with a considerable number of the lord● and commons ; ( which being by the way , the case of this new assembly , i do not see how any thing which they agree on 〈…〉 the clergy , otherwise then imposed by a strong hand , and against their priviledge● ) or finally , had the conclusions or results thereof been o● no effect , but as reported to 〈◊〉 confirmed in parliament , the papists might have had some ground for so gross a c●u●nny , in calling the religion which is now est b●ith●d by the name of a parliament religion , and a parliament g●spel . but so it is not in the c●se which is now before us , the said ●ubmissi●n notwithst●nding . for being the convocation is still called by the same authority as before it was , the members of that body 〈◊〉 stil● the s●me priviledge . with the same freedom of debate and determination ▪ and which is more , the p●ocurdtors of the clergy invested with the same power and trust which before they had : there was no alteration made by the said 〈◊〉 , in the whole constitution and composure of it , but onely the addition of a greater and more excellent power . nor was there any thing done here in that reformation , but either by the clergy in their convocations , and in their convocations rightly c●lled and canonically constituted , or with the councel and advice o● the heads thereof in more private conferences ; the parliaments of these times contributing very little towards i● , but acquie●cing in the wi●dome of the sovereign prince , and in the piety and zeal of the ghostly fathers . this is the ground work or found●●ion of the following building . it is now time i should proceed to the superstructures beginning first with the election of the pope , and vesting the supremacie in the regal crown . 2 of the ejection of the pope , and vesting the supremacy in the regall crown . and first , beginning with the ejection of the pope and his authority that led the way unto the reformation of religion which did after follow : it was first voted and decreed in the convocation , before ever it became the subject of an act of parliament . for in the year 1530. 22 hen. 8. the clergy being caught in a premunire , were willing to redee● their danger by a sum of money ; and to that end , the clergy of the province of canterbury bestowed upon the king the sum of 100000 l● . to be paid by equal portions in the same year following ; but the king would not so be satisfied , unless they would acknowledge him for the supream head on earth for the church of england ; which , though it was hard meat , and would not easily down amongst them , yet it passed at last . for , being throughly debated in a synodical way , both in the upper and lower houses of convocation , they did , in fine , agree upon this expression . cujus ( ecclesi●e 〈…〉 to this they al consented and subscribed their hands , and afterwards incorporated it into the publike act or instrument , which was presented to the king in the name of his clergy , for the redeeming of their errour , and the grant of their money , which as it doth at large appear in the records and acts of the convocation , so it is touched upon in a historical way in the antiq. britan. mason de minist. anglic. and other authors ; by whom it also doth appear , that what was thus concluded on by the clergy of the province of canterbury , was also ratified and confirmed by the convocation of the province of york ( according to the usual custom ) save that they did not buy their pardon , at so dear a r●te . this was the leading card to the game that followed . for on this ground were built the statutes , prohibiting all appeales to rome , and for determining all ecclesiastical suits and controversies within the kingdoms , 24 h. 8. c 12. that for the manner of electing and conse●rating of arch-bishops , and bishops , 25 h. 8. c. 2● . and the prohibiting the payment of all impositions to the court of rome ; and for obtaining all such dispensations from the see of canterbury , which formerly were procured from the popes of rome , 25. h. 8. c. 21. which last is built expresly upon this foundations . that the king is the onely supream head of the church of england , and was so recognized by the prelates and clergy , representing the said church in their convocation . and on the ve●y same foundation was the statute raised , 26 h. 8. c. 1. wherein the king is declared to be the supream head of the church of england , and to have 〈…〉 which were annexed unto that title , as by the act it self doth at full appear : which act being made ( i speak it from the act it self ) onely for corroboration and confirmation of that which had been done in the convocation did afterwards draw on the statute for the tenths and first frui●s , as the point incident to the headship or supream authority , ●6 h. 8. c. 3. the second step to the ejection of the pope , was the submission of the clergy to the said king henry , whom they had recognizanced for their supream head . and this was first concluded on in the convocation , before it was proposed or agitated in the houses of parliament , and was commended onely to the care of the parliament , that it might have the force of a law by a civil sanction . the whole deba●e , with all the traverses and emergent difficulties which appeared therein , are specified at large in the records of 〈◊〉 , anno 1532. but being you have not opportunity to consult those records . i shall prove it by the act of parliament , called commonly the act of submission of the clergy ; but bearing this title in the abridgment of the statutes set out by poulton ; that the cler●y in their convocations shall enact no constitutions without the kings assent . in which it is premised for granted , that the clergy of the realm of england , had not onely acknowledged , according to the truth , that the convocation of the same clergy , is , alwayes hath been , and ought to be assembled alwayes by the kings writ ; but also submitting themselves to the kings majesty , had pr●mised , in verbo sace●dotis , that they would never from henceforth presum : to attempt , allcadge , claim , or put in ure , enact promulge , or execute , any new canons constitutions , ordinances provincial , or other ; or by whatsoever other name they shall be called in the convocation , unless the kings most royal assent may to them be had , to make , promulge , and execute the same ; and that his majesty do give his most royall assent and authority in that behalf . upon which ground-work of the clergies , the parliament shortly after built this superstructure , to the same effect , viz. that none of the said clergy from thenceforth should presume to attempt , alleadge , cla●m , or put in●ure , any constitutions , or ordinances provincial , or synodals , or any other canons ; nor shall enact , promulge , or execute any such canon● , constitutions , or ordinances provinc●s● , ( by whatsoever name or names they may be called ) in their convocations in time coming ( which alwayes shall be assembled by the kings writ ) unless the same clergy may have the kings in st royal assent and licence to make , promulge , and execute such canons , constitutions , and ordinances provincial , or synodical , upon pain of every one of the said clergy doing the contrary to this act , and thereof convicted , to suffer imprisonment , and make fine at the kings will , 25 h. 8. c. 19. so that the statute , in effect , is no more then this , an act to binde the clergy to perform their promise , to keep them fast unto their word for the time to come , that no new canon should be made in the times succeeding in the favour of the pope , or by his authority , or to the diminution of the kings r●yal pre●ogative , or contrary to the iuwes and statutes of this realm of england , at many papal constitutions were in the former ages : which statute i desire you to take notice of , because it is the rule and measure of the churches power in making canons , constitutions , or whatsoever else you shall please to call them in their convocations . the third and small act , conducing to the popes ejection , was an act of parliament , 28. h. 8. c. 10. entit●led , an act ex●inguishing the 〈◊〉 of the bishop of rome . by which it was enacted , that if any person should extoll the authority of the bishop of rome , he should incur the penalty of a praeminire ; that every officer both ecclesiastical and lay should be sworn to renounce the said bishop and his authority , and to resist it to his power , and to repute any oath formerly taken in maintenance of the said bishop , or his authority , to be void , and finally , that the refusal of the said oath should bejudged high treason . but this was also usher'd in , by the determination first , and after by the practice of all the clergy . for in the year 1534 , which was two yeares before the passing of this act , the king had sent this proposition to be agitated in both vniversities , and in the greatest and most famous monasteries of the kingdom , that is to say , 〈…〉 romans , dejure competat plusquam alii cujamque episco●o extero ? by whom it was determined negatively , that the bishop of rome had no more power of right in the kingdom of england , than any other forreign bishop . which being testified and returned , under the hands and seales respectively ( the originals whereof are still remaining in the library of sr robert cotton ) was a good preamble to the bishops , and the rest of the clergy , assembled in their convocation , to conclude the like . and so accordingly they did , and made an instrument thereof subscribed by the hands of all the bishops , and others of the clergy , and afterwards confirmed the same by their corporal oaths . the copies of which oaths and instrument you shal finde in foxes acts and monuments , vol. 2. fol. 1203. and fol. 1210 , 1211. of the edition of iohn day anno 1570. and this was semblably the ground of a following statute , 35 h. 8. c. 1. wherein another oath was devised and ratified , to be imposed upon the subject , for the more cleer asserting of the kings supremacy , and the utter exclusion of the popes for ever ; which statutes , though they were all repealed by an act of parliament , 1 and 2d of phil. and mary , c. 1. save that the name of supream head was changed unto that of the supream governour , and certain clauses altered in the oath of supremacy . where ( by the way ) you must take notice , that the statutes which concerns the kings supremacy , are not introductory of any new right , that was not in the crown before ; but onely declaratory of an old , as our best lawyers tell us , and the statute of the 26 of h. 8. c 1. doth clearly intimate . so that in the ejection of the pope of rome , which was the first and greatest step towards the work of reformation , the parliament did nothing , for ought it appeares , but what was done before in the convocation , and did no more than fortifie the results of hely church , by the addition and corroboration of the secular power . 3 of the translation of the scriptures , and permitting them to be read in the english tongue . the second step towards the work of reformation ( and indeed one of the most especial parts the●eof ) was the translation of the bible into the english tongue , and the permitting all sorts of people to peruse the same , as that which visibly did tend to the discovery of the errours and corruptions in the church of rome ; and the intollerable pride and tyranny of the romane prelates , upon which grounds it had been formerly translated into english by the hand of wi●kliff , and after on the spreading of luthers doctrine , by the paines of tindal , a stou● and active man in king henries dayes , but not so well bef●iended as the work deserved : especially considering ●●at it hapned in such a time when many printed pamphlets did disturb the state ( and some of them of t●●dals making ) which seemed to ●end unto sedition , and the change of government . which being remonstrated to the king , he caused divers of his bishops , tog●ther with sundry of the learn d'st and most eminent divines of all the kingdom to come before him : whom he required freely and plainly to declare , a●wel what their opinion was of the foresaid pamphl●● , as what they did think fit to be done concerning the translation of the bible into the english tongue ; and they upon mature advise and deliberation unanimously conden ned the aforesaid b●oks of h●r●sie and blasphemy ( no smaler crime : ) then for translating of the scriptures into the english tongue , they agreed all with one assent , that it depended wholly on the will and pleasure of the soveraign p●ince , who might do th●rein as he conceived to be most agreeable to his occasions ▪ but that with reference to the present estate of things , it was more expedient to explain the scripture to the people by the way of sermons , then to permit it to be read promiscuou●● by all sorts of men : yet so that hopes were to be given unto the laity , that if they did renounce their errours , and presently deliver to the hands of his majesties officers all such bookes and bibles ( which they conceived to be translated with great fraud and falshood ) as any of them had in keeping ; his majesty would cause a true and catholike translation of it to be published in convenient time , for the use of his subjects . this was the sum and substance of the present con●erence , which you shal finde laid down at large in the registers of arch-bishop warham . and according to this advice the king sets out a proclamation , not onely prohibiting the buying , reading , or translating of any the aforesaid book●s , but straitly charging all his subjects which had any of the bookes of scripture , either of the old testament , or of the new , in the english tongue , to bring them in without delay . but for the other part● of giving hopes unto the people of a true translation , if they delivered in the false ( ● or that at leas● which was pretended to be false ) i finde no word at all in the proclamation . that was a work reserved unto better times , or left to be solicited by the bishops themselves , and other learned men who had given the counsel ; by whom ( indeed ) the people were kept up in hope that all should be accomplished unto their desires . and so indeed it proved at last . for in the convocation of the year 1536. the authority of the pope being abrogated , and cranmer fully setled in the see of canterbury , the clergy did agree upon a form of petition to be presented to the king , that he would graciously indulge unto his subjects of the laity the reading of the bible in the english tongue , and that a new translation of it might be forthwith made for that end and purpose . according to which godly motion , his majesty did not onely give order for a new translation , which afterwards he authorized to be read both in publique and private ; but in the interim he permitted cromwel , his vicar-general , to set out an injunction for providing the whole bible both in latine and english , after the translation then in use , ( which was called commonly by the name of matthewes bible , but was no other then that of tindal somewhat altered ) to be kept in every parish church throughout the kingdom , for every one that would repair unto , and caused this mark or character of authority to be set upon them in red letters , set forth with the kings most gracious licence ; which you may see in fox his acts and monum. p. 1248. and 1363. afterwards when the new translation so often promised , and so long expected , was compleat and finished ; printed at london by the kings authority , and countenanced by a grave and pious preface of arch bishop cranmer ; the king sets out a proclamation dated may 6. anno 1541. commanding all the curates and parishioners throughout the kingdom , who were not already furnished with bibles so authorized and translated , as is before said , to provide themselves before al. hallowtide next following , and to cause the bibles , so provided , to be placed conveniently in their several and respective churches , straitly requiring all his bishops , and other or●inaries , to take special care to see his said commands put in execution . and therewithal came out instructions from the king to be published by the clergy in their several parishes , the better to possesse the people with the kings good affection towards them in suffering them to have the ben●fi● of such heavenly treasure ; and to direct hem in a course by which they might enjoy the same to their greater comfort , the reformation of their lives , and the peace and quiet of the church . which proclamation and instructions are stil preserved in that most admirable 〈◊〉 of sr robert cotten . and unto these commands of so great a prince , both bishops , priests , and people , did apply themselves with such cheerful reverence , that bonner ( even tha● b●oud● 〈◊〉 as he after proved ) caused six of them to be chained in several places of st pauls church in london , for all that 〈◊〉 so 〈…〉 inclined to resort unto , for their edification and instruction , 〈◊〉 book being very chargable , because very la●ge , and therefore called commonly ( for distinctions sake ) the bible of the greater 〈◊〉 . thus have we seen the scriptures faithfull translated into the english tongue , the 〈…〉 churches , that every one which would , ●igh pe●use the same , and leave permitted to all people to buy them for ●hen private use , and re●de them to themselves , or before th●i families ; and all the brought about by no other meanes then by 〈◊〉 kings authority onely , grounded on the advice and judgment of the 〈◊〉 . but long it was not ( i confess ) before the parliament put in for a share , and claimed some interest in the work ; but whether for the better , or he worse , i leave you to iudge . for in the year 1542. the king being then in agitation of a league with charles the emperou● , he caused a complaint to be made un●o him in this court of parliament , that the 〈◊〉 ●ranted to the people in having in their hands the bookes of the old and new testament , had been much abused by many false glosse● and 〈◊〉 which were made upon them , tending to the seducing of the people especially of the younger sort , and the raising of sedition within the realm . and thereupon it was enacted by the authority of the parliament ( on whom he was content to cast the envy of an act so contrary to ●is former gracious proclamations ) that all manner of bookes of the old and new testament , of the cr●●●ty , false and untrue translation of tind●● , be forthwith abolished , and forbidden to be used and ke●t . as also , that all other b●bles not being of tindals translation , in which were sound any preambles or annotations , other then the quotations or summaries of of the chapters should be purged of the said preambles and annotatious , either by cutting them out , or blotting them in such wise , that they might not be perceived or read . and finally , that the bible be not read ●penly in any church , but by the leave of the king , or of the ordinary of the place ; nor privately by any women , artificers , apprentices , iourney-men , husband-men , 〈◊〉 , or by any of the servants of yoomen , or under , with several pains to those who should do the con●trary . this is the substance of the statute of the 34 and 35 h●● . 8. c. 1. which though i● shewes that there was somewhat done in parliament , in a matter which concern'd religion , ( which howsoever if you mark it , was rather the adding of the penalties , than giving any resolution or decision of the points in question ) yet i presume the papists wil not use this for an argument , that we have either a parliament religion , or a parliament gospel ; or that we stand indebted to the parliament for the use of the scriptures in the english tongue , which is so principal a part of the reformation . nor did the parliament speed so prosperously in the undertaking ( which the wise king permitted them to have a hand in , for the foresaid ends , ) or found so general an obedience in it from the common people , as would have been expected in these times , on the like occasion ; but that the king was fain to quicken and give life to the acts thereof , by his proclamation , anno 1546. which you shal finde in fox his book , fo● 1437. to drive this nail a little further : the terrour of this statute dying with h. 8. or being repealed by that of k. ed. 6. c. 22. the bible was again made publique ; and not onely suffered to be read by particular persons , either privatly , or in the church ; but ordered to be read over yearly in the congregation , as a part of the liturgie , or divine service : which how far it relates to the court of parliament we shal see anon ; but for the publishing thereof in print for the use of the people , for the comfort and edification of private persons , that was done onely by the king , at least in his name , and by his authority . and so it also stood in q elizabeths time , the translation of the bible being again reviewed by some of the most learned bishops , appointed thereunto by the queens commission ( from whence is had the name of the bishops bible ) and upon that review , re●printed by her sole commandement , and by her sole authority left free and open to the use of her wel-affected and religious subjects . nor did the parliament do any thing in all her reign with reference to the scriptures in the english tongue , otherwise then at the reading of them ▪ in that tongue , in the congregation , is to be reckoned for a part of the english liturgy , whereof more hereafter . in the translation of them into welch , or british , somwhat indeed was done which doth look this way . it being ordered in the parliament , 5. eliz. c. 28. that the b. b. of hereford , st davids , bangor , landaff , and st asaph , should take care amongst them for translating the whole bible , with the book of common prayer , into the welch or brittish tongue , on pain of forseiting 40 l. a piece in default hereof . and to incourage them thereunto , it was enacted that one book of either sort being so translated and imprinted should be provided and bought for every cathedral church , as also for all parish churches and chappels of ease , where the said tongue is commonly used ; the ministers to pay the one half of the price , and the parishioners the other . but then you must observe withal , that it had been before determined in the convocation of the self-same year , anno 1562. that the common-prayer of the church ought to be celebrated in a tongue which was under stood by the people ( as you may see in the book of articles of religion , art. 24. which came out that year ) and consequently , aswel in the welch or brittish , as in any other . which care , had it been taken for ireland also as it was for wales , no question but that people had been more generally civiliz'd , and made conformable in all points to the english government long before this time . and for the new translation of k. iames his time , to shew that the translation of scripture is no work of parliament , as it was principally occasioned by some passages in the conference at hampton court , without recourse unto the parliament , so was it done onely by such men as the king appointed , and by his authority alone imprinted , published and imposed , care being taken by the canon of the year , 1603. that one of them should be provided for each several at church , at the charge of the parish . no flying in this case to an act of parliament , either to authorize the doing of it , or to impose it being done . 4 of the reformation of religion in points of doctrine . next let us look upon the method used in former times in the reforming of the church , whether in points of doctrine , or in formes of worship , and we shal find it stil the same . the clergy did the work as to them seemed best , never advising with the parliament , but upon the post-fact , and in most cases not at all . and first for doctrinals , there was but little done in k. henries time , but that which was acted by the clergy onely in their convocation , and so commended to the people by the kings sole authority , the matter being never brought within the cognizance of the two houses of parliament . for in the year 1536. being the year in which the popes authority was for ever banished , there were some articles agreed on in the convocation , and represented to the king , under the hands of the bishops , abbots , priors , and inferior clergy usually called unto those meetings ; the original whereof being in sr robert cotton's library i have often seen : which being approved of by the king , were forthwith published under the title of articles devised by the kings highness , to stable christian quietness and unity amongst the people . in which it is to be observed : first , that those articles make mention of sacraments onely , that is to say , of baptisme , penance , and the sacrament of the altar . and secondly , that in the declaration of the doctrine of iustification , images , honouring of the saiuts departed ; as also concerning many of the ceremonies , and the fire of purgatory , they differ'd very much from those opinions which had been formerly received in the church of rome ; as you may partly see by that extract of them , which occurs in fox his acts and monuments , vol. 2. fol. 1246. for the confirming of which book , and recommending it to the use of the people , his majesty was pleased in the injunctions of the year , 1536. to give command to all deans , parsons , vicars , and curates , so to open and declare in their sermons , and other collacions , the said articles unto them which be under their cure , that they might plainly know and discern , which of them be necessary to be believed and observed for their salvation , and which d● onely concern the decent and politique order of the church . and this he did upon this ground , that the said articles had been concluded and condescended upon by the prelates and clergy of the realm in their convocation ; as appeareth in the very words of the injunction : for which , see fox his acts and monuments , fol. 1247. i find not any thing in parliament which relates to this , either to countenance the work , or to require obedience and conformity from the hand of the people . and to say truth , neither the king nor clergy did account it necessary , but thought their own authority sufficient to go through with it ; though certainly it was more necessary at that time , then in any since : the power and reputation of the clergy being under foot , the king scarce setled in the supremacy so lately recognized unto him ; and therefore the authority of the parliament of more use then afterward , in times well ballanced and established . 't is true , that in some other year of that princes reign , we finde some use and mention of an act of parliament in matters which concerned religion ; but it was onely in such times when the hopes of reformation were in the wane , and the work went retro●●● for in the year 1539. being the 31. h. 8. when the lord 〈◊〉 power began to decline , and the king was in a necessity of complyance with his neighbouring princes , there passed an act of parliament commonly called the statute of the six articles ( or the whip with six strings . ) in which it was enacted , that whosoever by word or writing should preach , teach , or publish , that in the blessed sacraments of the altar , under form of bread and wine , there is not really the naturall body and bloud of our saviour iesus christ , conceived of the virgin mary , ( or affirm otherwise thereof then was maintained and taught in the church of rome ) should be adjudged an heretick , and suffer death , by burning , and forfeit all his lands and goods , as in case of high treason . secondly , that whosoever should teach or preach , that the communion of the blessed sacrament ( in both kindes ) is necessary for the health of mans soul , and ought to be maintained . thirdly , or that any man after the order of priesthood received , might marry , or contract matrimony . fourthly , or that any woman which had vowed and professed chastity , might contract marriage . fifthly , or that private masses were not lawful and laudable , or agreeable to the word of god . or sixthly , that curicular confession was not necessary and expedient to be used in the church of god , should suffer death , and forfeit lands and goods as a fellon , 31 h. 8. c. 14. the rigour of which terrible statute was shortly after mittigated in the said kings reign , 32 h. 8. c. 10. and 35 h. 8. c. 5. and the whole statute absolutely repealed by act of parliament , 1 e. 6. c. 12. but then it is to be observed first , that this parliament of k. h. 8. did not determine any thing in those six points of doctrine which are therein recited ; but onely took upon them to devise a course for the suppressing of the contrary opinions , by adding by the secular power , the punishment of death , and forfeiture of lands & goods , unto the censures of the church , which were grown weak , if not unvalid ; and consequently , by degrees became neglected ever since the said k. henry took the headship on him , and exercised the same by a lay vicar general . and secondly , you must observe , that it appeareth evidently by the act it self , that at the same time the king had called a synod and convocation of all the archbishops , bishops , and other learned men of the clergy , that the articles were first deliberately and advisedly debated , argued and reasoned , by the said archbishops , bishops , and other learned men of the clergy , and their opinions in the same declared and made known , before the matter came in parliament . and finally , that being brought into the parliament , there was not any thing declared and passed as doctrinall , but by the assent of the lords spiritual , and other learned men of the clergy , as by the act it self doth at large appear . finally , whatsoever , may be drawn from thence , can be only this , that k. h●n . did make use of his court of parliament for the establishing and confirming of some points of popery , which seemed to be in danger of a reformation . and this compared with the statute of the 34 and 35 , prohibiting the reading of the bible by most sorts of people , doth cleerly shew that the parliaments of those times did rather hinder and retard the work of reformation , in some especial parts thereof , than give any furtherance to the same . but to proceed : there was another point of reformation begun in the lord c●●mwels time , but not produced , nor brought to perfection till after his decease ; and then too , not without the midwifery of an act of parliament . for in the year 1537. the bishops and others of the clergy of the convocation , had composed a book , entituled , the institution of a christian man ; which being subscribed by all their hands , was by them presented to the king , by his most excellent judgment to be allowed of , or condemned . this book , containing the chief heads of christian religion , was forthwith printed , and exposed to publike view . but some things not being cleerly explicated , or otherwise subject to exception , he caused it to be reviewed and to that end , as supream head on earth of the church of england ( i speak the very words of the act of parl. 32. h. 8. c. 26. ) appointed the archbishops and bishops of both provinces , and also a great number of the best , learned , honestest , and most vertuous sort of the doctors of divinity , men of discretion , judgment , and good disposition , to be called together ; to the intent , that according to the very gospel and law of god , without any partial respect or affection to the papistical sort , or any other sect or sects whatsoever , they sh●●ld declare by writing , & publish , as well the principal articles and points of our faith and belief ; with the declaration , true understanding an● observation of such other expedi●nt points , as by them , with his grace ; advice , councel , and consent , shall be thought needful and expedient ; as also for the lawful rights , ceremonies , and observation of gods service within this realm . this was in the year , 1540. at what time the parliament was also sitting ; of which the king was pleased to make this especial use , that whereas the work which was in hand ( i use again the words of the statute ) required ripe and mature deliberation , and was not rashly to be defined and set forth , and so not fit to be restrained to the present session , an act was passed to this effect , that all determitions , declarations , decrees , definitions , and ordinances , as according to gods word , and christs gospel , should at any time hereafter be set forth by the said archbishops and bishops , and doctors in divinity , now appointed , or hereafter to be appointed by his royal majesty , or else by the whole clergy of england , in , and upon the matter of christs religion , and the christian faith , and the lawful rights ceremonies , and observations of the same , by his majesties advice and confirmation under the great seal of england , shall be by all his graces subjects fully believed , obeyed , observed , and performed to all purposes and intents , upon the paines and penalties therein to be comprized , as if the same had been in 〈◊〉 and 〈…〉 and fully made , set forth , declared , and contained in the said act , 32. h. 8. c. 26. where note , that the two house of parliament were so far from ●edling in the matter which was then in hand , that they did not so much as require to see the determinations and decrees of those learned men whom his majesty had then assembled , before they passed the present act , to bind the subject fully to believe , observe , and perform the same ; but left it wholly to the judgment and discretion of the king and clergy , and trusted them besides , with the ordaining and inflicting of such paines and penalties on disobedient and unconformable persons as to them seemed meet . this ground-work laid , the work went forwards in good order , and at last being brought unto as much perfection as the said arch-bishops , bishops , and other learned men would give it , without the co-operation and concurrence of the royal assent ; it was presented once again to the kings consideration ▪ who very carefully perused it , and altered many things with his own hand ; as appeares by the book it self ●●ll extant in the famous library of sr robert cotton ; and having so altered and corrected it in some passages , returned it to the archbishop of canterbury , who bestowed some further paines upon it ; to the end , that being to come forth in the kings name , and by his authority , there might be nothing in the same which might be justly reprehended . the business being in this forwardnesse , the king declares in parliament , anno 1544. being the 34 year of his reign , his zeal and care , not onely to suppress all such bookes and writings as were noysome and pestilent , and tended to the seducing of his subjects ; but also to ordain and establish a certain form of pure and sincere teaching agreeable to gods word , and the true doctrine of the catholick and apostolick church , whereunto men may have recourse for the decision of some such controversies , as have in times past , and yet do happen to arise . and for a preparatory thereunto , that so it might come forth with the greater credit , he caused an act to pass in parliament for the abolishing of all bookes and writings , comprizing any matters of christian religion , contrary to that doctrine , which since the year 1540. is , or any time during the kings life , shall be , set forth by his highnesse , and for the punishment of all such ( and that too , with most grievous 〈◊〉 ) which should preach , teach , maintain , or defend any matter or thing contrary to the book of doctrine , which was then in readiness , 34 , 35 h. 8. c. 1. which done , he can●ed the said book to be imprinted in the year next following , under the title of anecessdry doctrine for all sorts of people ; prefixing a preface thereto in his royal name , to all his faithful and loving subjects , that they might know the better in those dangerous times , what to believe in point of doctrine , and how they were to carry and behave themselves in points of practice . which statute , as it is the greatest evidence which those times afford to shew , that both , or either of the houses of parliament had any thing to do in matters which concerned religion ; so it entitles them to no more ( if at all to any thing ) then that th●y did make way to a book of doctrine , which was before digested by the clergy onely , revised after , and corrected by the kings own hand ; and finally , perused and perfected by the metr●politan . and more then so ( besides , that being but one swallow , it can make no summer ) it is acknowledged and confessed in the act it self ( if poulton understand it rightly in his abridgment ) that recourse must be had to the catholick and apostolick church , for the decision of controversies . which as it gives the clergy the decisive power , so it left nothing to the houses but to assist and aid them with the temporal sword , when the spiritual word could not do the deed , the point thereof being blunted , and the edge abated . next , let us look upon the time of k. ed. 6. and we shall finde the articles and doctrine of the church ( excepting such as were contained in the book of common-prayer ) to be composed , confirmed , and setled in no other way , then by the c●ergy onely in their convocation , the kings authority co-operating and concur●ing with them . for , in the synod held in london , anno 1552. the clergy did compose and agree upon a book of articles , containing the chief heads of the christian faith ; especially , with reference to such points of controversie , as were in difference between the reformators of the church of england , and the church of rome , and other opponents whatsoever which after were approved , and published by the kings authority . they were in number 41. and were published by this following title ; that is to say , articuli d● quibus in syno● london . anno 1552. 〈…〉 religion is firmandum , inter episcopos & alios & eruditis 〈◊〉 convenerat , regia authoritate in lucem editi . and , it is worth our observation , that though the parliament was held at the very time , and that the parliament passed several acts which concerned church-matters ; as , viz. an act for vniformity of divine service , and for the confirmation of the book of ordination , 5 and 6 edw. 6. c. 1. all act declaring which dayes onely shall be kept for holy dayes ; and which for fasting dayes , c. 3. against striking or drawing weapon , either in the church or church-yard , c. 4. and finally , another act for the legitimating of the marriages of priests and ministers , c. 12. yet neither in this parliament , nor in that which followed , is there so much as the least syllable which reflecteth this way , or medleth any thing at all with the book of articles . where , by the way , if you behold the lawfulnesse of priests marriages as a matter doctrinal ; or think we owe that point of doctrine , & the indulgence granted to the clergy in it , to the care and goodness of the parl. you may please to know , that the point had been before determined in the convocation , & stands determined by and for the clergy in the 31 of those articles , and that the parliament looked on it as a point of doctrine ; but as it was a matter practical , conducing to the benefit and improvement of the common-wealth . or if it did , yet was the statute built on no other ground-work , than the resolution of the clergy , the marriage of priests being before determined to be most lawfull ( i use the very words of the act it self ) and according to the word of god , by the learned clergy of this realm in their convocations , as well by the common assent , as by subscriptions of their hands , 5 , 6. edw. 6. chap. 12. and for the time of queen elizabeth , it is most manifest , that they had no other body of doctrine in the first part of her reign , then onely the said articles of k. edwards book ; and that which was delivered in the book of homilies of the said kings time : in which the parliament had as little to do , as you have seen they had in the book of articles . but in the convocation of the year , 1562. being the fifth of the qu. reign , the bishops and clergy taking into consideration the said book of articles , and altering what they thought most fitting , to make it more conducible to the use of the church , and the edification of the people , presented it unto the queen , who caused it to be published with this name and title , viz. articles whereupon it was agreed by the arch-bishops , and bishops of both provinces , and the whole clergy in the convocation holden at london , anno 1562 , for the avoiding of diversity of opinions , and for the establishing of consent touching true religion ; put forth by the queens authority . of any thing done , or pretended to be done , by the power of the parliament , either in the way of approbation , or of confirmation , ●ot one word occurs either in any of the printed books , or the publique registers . at last , indeed in the 13th of the said queens reign ( which was 8 years full after the passing of those articles ) comes out a statute for the redressing of disorders in the ministers of holy church : in which it was enacted , that all such as were ordained priests or ministers of gods word and sacraments , after any other form then that appointed to be used in the church of england ; all such as were to be ordained , or permitted to preach , or to be instituted into any benefi●e with ●ure of soules , should publikely subscribe to the said articles , and testifie their assent unto them which shews ( if you observe it well ) that though the parliament did well allow of , and approve the said book of articles , yet the said book owes neither confirmation , nor authority , to the act of parliament . so that the wonder is the greater , that that most insolent scoff which is put upon us by the church of rome , in calling our religion by the name parliamentaria religi● , should pass so long without controle ; unlesse , perhaps , it was in reference to our formes of worship , of which i am to speak in the next place . but first we must make answer unto some objections which are made against us , both from law and practice . for practice ; first , it is alleadged by some out of bishop iewel , in his answer to the cavil of dr harding , to be no strange matter to see ecclesiastical causes debated in parliament ; and that it is apparent by the lawes of king inas , king alfred , king edward , &c. that our godly fore-fathers , the princes and peers of this realm , never vouchsafed to treat of matters touching the common state , before all controversies of religion , and causes ecclesiastical had been concluded , def. of the apol. part 6 chap. 2. sect. 1. but the answer unto this is ea●●e : for first , if our religion may be called parliamentarian , because it hath received confirmation and debate in parliament , then the religion of our fore-fathers , even papistry it self ( concerning which so many acts of parliament were made in k. hen. 8. and q. maries time ) must be called parliamentarian also . and secondly , it is most certain , that in the parliaments or common-councels ( call them which you will ) both of king inas time , and the rest of the saxon kings which b. iewel speaks of ; not onely bishops , abbots , and the higher part of the clergy , but the whole body of the clergy generally had their votes and suffrages , either in person , or by proxie . concerning which , take this for the leading case ; that in the parliament or common-councel in k. ethelberts time , who first of all the saxon kings , received the gospel , the clergy were convened in as full a manner , as the lay-subjects of that prince : convo●ati communi concilio tam cleri , quam populi , saith sr h. spelman in his collection of the councels , ann. 605. p. 118. and for the parliament of king ina , which leades the way in bishop iewel , it was , ( saith the same sr h. spelman , p. 630. communi concilium episcoporum , procerum , comitum , nec non omnium sapientum , seniorum , populorumque totius regni ; where , doubtless , sapientes and seniores ( and you know what seniores signifieth in the ecclesiastical notion ) must be some body else then those which after are expressed by the name of populi , which shews the falshood and absurdity of the collection made by mr pryn , in the epistle to his book against dr cousins , viz. that the parliament ( as it is now constituted ) hath an ancient genuine , just and lawful prerogative , to establish true religion in our church , and to abolish and suppress all false , new , and counterfeit doctrines whatsoever . unlesse he meanes upon the post-fact , after the church hath done her part , in determining what was true , what false , what new , what ancient ; and finally , what doctrines might be counted counterfeit , and what sincere . and as for law , 't is true indeed , that by the statute , 1 eliz. cap. 1. the court of parliament hath power to determine and judge of heresie ; which at first sight seems somewhat strange ; but on the second view , you will easily finde that this relates onely to new and emergent heresies , not formerly declared for such in any of the first four general councels , nor in any other general councel , adjudging by express words of holy scripture ; as also that in such new heresies , the following words restrain this power to the assent of the clergy in their convocation , as being best able to instruct the parliament what they are to do , and where they are to make use of the secular sword for cutting off a desperate h●retick from the church of christ , or rather from the body of all christian people . 5 of the reformation of the church of england in the formes of worship ; and the times appointed thereunto . this rub removed , we now proceed unto a view of such formes of worship as have been setled in this church , since the first dawning of the day of reformation , in which our parliaments have indeed done somewhat , though it be not much . the first point which was altered in the publike liturgies , was that the creed , the pater-●●ster , and the ten commandements , were ordered to be said in the english tongue ; to the intent , the people might be perfect in them , and learn them without book , as our phrase is . the next , the setting forth and using of the english letany , on such dayes and times , in which it was accustomably to be read , as a part of the service . but neither of these two was done by parliament ; nay , ( to say truth ) the parliament did nothing in them . all which was done in either of them , was onely by the kings authority , by vertue of the headship or supremacy , which by way of recognition was vested in him by the clergy , either co-operating and concurring with them in their convocations , or else directed and assisted by such learned prelates , with whom he did advise in matters which concerned the church , and did relate to reformation . by vertue of which headship or supremacy he ordained the first ; and to that end , caused certain articles or injunctions to be published by the lord cromwel , then his vicar general , anno 1536. and by the same did he give order for the second , i mean , for the saying of the letany in the english tongue , by his own royal proclamation , anno 1545. for which , consult the acts and monuments , fol. 1248 , 1312. but these were only preparations to a greater work which was reserved unto the times of k. edw. 6. in the beginning of whose reign there passed a statute for the administring the sacrament in both kindes to any person that should devoutly and humbly desire the same , 1. e. 6. c. 1. in which it is to be observed , that though the statute do declare , that the ministring of the same in both kinds to the people was more agreeable to the first i●stitution of the said sacrament , and to the common usage of the primitive times . yet mr. f●x assures us ( and we may take his word ) that they did build that declaration , and consequently the act which was raised upon it , upon the judgment and opinion of the best learned men , whose resolution and advice they followed in it , fol. 1489. and for the form by which the said most blessed sacrament was to be delivered to the common people , it was commended to the care of the most grave and learned bishops , and others , assembled by the king at his c●stle of windsor ; who upon long , wise , learned , and deliberate advice did finally agree ( saith fox ) upon one godly and uniform order for receiving of the same , according to the right rule of scriptures , and the first use of the primitive church , fol. 1491. which order , as it was set forth in print , anno 1548. with a proclamation in the name of the king , to give authority thereunto amongst the people so was it recommended by especial letters 〈◊〉 unto every bishop , severally from the lords of the councel to see the same put in execution ; a copy of which letters you may finde in fox , fol. 1491. as afore is said . hitherto nothing done by parliament in the formes of worship , but in the following year there was for the protector and the rest of the kings councel being fully bent for a reformation , thought it expedient that one uniform , quiet and godly order should be had thoroughout the realm , for officiating gods divine service . and to that end ( i use the words of the act it self ) appointed the archbishop of canterbury , and certain of the most learned and discreet bishops , and other learned men of the realm to meet together , requiring them , that having aswel eye and respect to the most pure and sincere christian religion , taught in scriptures , as to the usages in the primitive church , they should draw and make one convenient and meet o●der , ●ite and fashion of common prayer , and administration of sacraments , to be had and used in this his majesties realm of england . well , what did they being thus assembled ? that the statute tels us : where it is said , that by the aid of the holy ghost ( i pray you mark this well ) and with one uniform agreement they did conclude upon and set forth an order , which they delivered to the kings higness , in a book entituled , the book of common prayer and administration of the sacraments , and other ●ites and ceremonies of the church , after the use of the church of england . all this was done before the parliament did any thing . but what was done by them at last ? why first , considering the most godly travail of the kings highness , and the lord protector and others of his highness councel , in gathering together the said b. and learned men . secondly , the godly prayers , orders , rites and ceremonies in the said book mentioned . thirdly , the motives and inducements which inclined the aforesaid learned men to alter those things which were altered , and to retain those things which were retained ; and finally , taking into consideration the honour of god , and the great quietness which by the grace of god would ensue upon it ; they gave his majesty most hearty and lowely thanks for the same , and most humbly prayed him , that it might be ordained by his majesty , with the assent of the lords and commons assembled in parliament , and by authority of the same , that the said form of common-prayer and another , after the feast of pentecost next following , should be used in all his majesties dominions with several penalties to such , as either should deprave or neglect the same . 2. and 3. e. 6. cap. 1. so farre the very words of the act it self . by which it evidently appeareth , that the two houses of parliament did nothing in the present business , but impose that form upon the people : which by the learned & religious clergy-men ( whom the k. appointed thereunto ) was agreed upon , and made it penal unto such as either should deprave the same , or neglect to use it . and thus doth poulton ( no mean lawyer ) understand the statute , who therfore gives no other title to it in his abridgement published in the year 1612 than this , the penalty for not using uniformity of service , and ministration of the sacrament . so then the making of one uniform order of celebrating divine service , was the work of the clergy , the making of the penalties , was the work of the parliament . where let me tell you by the way , that the men who were employed in this weighty business ( whose names deserve to be continued in perpetual memory ) were thomas cranmer archbishop of canterbury , george day bishop of chichester , thomas goodrich b. of ely and lord chancellour , iohn ship bishop of hereford , henry holb●rt bishop of lincoln , nichol●s ridley bishop of rochester , translated afterwards to london , thomas thirleby b. of westminster , doctor may d●an of s. pauls , dr taylor ( then dean afterwards ) bp of lincoln , dr haines dean of exeter , dr robertson afterwards dean of durham , dr redman master of trinity colledge in cambridge , and dr coke then al●ner to the king , afterward dean of westminster , and at last bp of ely ; men famous in their generations , and the honour of the age they lived in : and so much for the first liturgy of king edwards reign ; in which you see how little was done by authority or power of parliament , so little , that if it had been less , it had been just nothing . but some exceptions being taken against the liturgy by some of the preciser sort at home , and by calvin abroad , the book was brought under a review : and though it had been framed at first ( if the parliament which said so erred not ) by the ●yd of the holy ghost himself ; yet to comply with the curiosity of the ministers and mistakes of the people , rather then for any other weighty cause , as the statute 5 and 6 ed. 6. cap. 1. it was thought expedient by the king , with the assent of the lords and commons in parliament assembled , that the said order of common service should be faithfully and godly perused , explained , and made fully perfect . perused and explained ; by whom ? why , questionless by those who made it ; or else , by those ( if they were not the same men ) who were appointed by the king to draw up , and compose a form of ordination for the use of the church . and this assent of theirs ( for it was no more ) was the onely part that was ever acted by the parliament , in matter of this present nature ; save that a statute passed in the former parliament 3 and 4 ed. 6. c. 12. unto this effect , that such form and manner of making and consecrating archb. bi-shops , priests , deacons , and other ministers of the church ( which before i spake of ) as by sixe prelates and sixe other men of this realm , learned in gods lawes , by the king to be appointed and assigned , shall be devised to that purpose , and set forth under the great seal , shall be lawfully used and exercised , and none other . where note , that the king onely was to nominate and appoint the men , the bishops and other learned men were to make the book ; and that the parliament in a blinde obedience , or at the least upon a charitable confidence in the integrity of the men so nominated , did confirm that book , before any of their members had ever seen it , though afterwards indeed , in the following parliament , this book , together with the book of common-prayer , so printed and explained , obtained a more formal confirmation , as to the use thereof throughout the kingdom , but in no other respect ; for which see the statute 5 and 6 ed. 6. c. 1. ( as for the time of qu. elizabeth , when the common prayer book now in use ( being the same almost with the last of king edward ) was to be brought again into the church , from whence it was cast out in queen maries reign ; it was commited to the care of some learned men ; that is to say , to m whitehead ( once chaplain to queen anne bullen ) dr parker , after archbishop of canterbury , dr grindal , after bishop of london , dr cox , after bishop of ely , dr pilkington , after bishop of durham , dr may , dean of saint pauls , dr bill , provost of eaton , after dean of westminster , and sr tho : smith . by whom being altered in some few passages which the statute points to , 1 eliz. c. 21. it was presented to the parliament , and by the parliament received and established without more 〈…〉 troubling any committee of both or ●ither houses to consider of it , for ought appears in their records . all that the parliament did in it , being to put it into the condition in which it stood before in king edwards reign , partly by repealing the repeal of king edw. statute● , made in the first of q. mary , c. 2. and partly by the adding of some farther penalties on such as did deprave the book , or neglect to use it , or wilfully did absent themselves from their parish-churches . and for the alterations made in king iames his time , b●ing small in the rubrick onely ; and for the additions of the thanksgivings at the end of the letany , the prayer for the queen and the royal issue , and the doctrine of the sacraments at the end of the catechisi●e , which were not in the book before , they were never referred unto the parliament , but were done onely by a●thority of the kings commission , and stand in force by vertue onely of his proclamation , which you may finde before the book ; the charge of buying the said book so explained and altered , being laid upon the several and respective parishes , by no other authority than that of the eightieth canon , made in convocation , anno 1603. the like may also be affirmed of the fo●mes of prayer for the inauguration day of our kings and queens , the prayer-books for the fifth of november , and the fifth of august , and those which have been used in all publike fasts : all which , without the help of pa●liaments , have been composed by the bishops , and imposed by the king . now unto this discourse of the forms of worship , i shall subjoyn a word or two of the times of worship , that is to say , the holy dayes observed in the church of england ; and so observed , that they do owe that observation chiefly to the church ● power . for whereas it was found in the former times , that the number ●f the holy dayes was grown so great , that they became a burthen to the common people , and a great hinderance to the thrist and manufactures of the kingdom ; there was a canon made in the convocation , an. 1536. for cutting off of many superstitious and supe●fluous holy dayes , and the reducing them into the number in which they now st●nd ( save that st g●orge's day , and ma●y magdalens day , and all the festivals of the blessed virgin had their place amongst them ) according to which can●n , there went out a m●nitory from the a●chbp of ca●terbury , to all the suffrag●ns of hi● p●ovince , 〈…〉 , which is still extant on record . but being the authority of the church was then in the wane , it was thought necessary to confirm their acts , and see execution done upon it by the kings injunction : which did accordin●ly come forth with this form or preamble ; that the abolishing of the said holy dayes , was decreed ordained and established by the kings highness authority , as sup●eam head in earth of the church of england , with the common consent and assent of the prelates and clergy of this ●is realm in conv●cation lawfully assembled and congregate . of which see foxe his acts and m●numents , fol. 1246 , 1247. afterwards in the year 1541 , the king perceiving with what difficulty the people were induced to leave off those holy days , to which they had been so long ac●ustomed , published his proclamation of the twenty third of iuly , for the abolishing of such holy days ( amongst other things ) as were prohibited before by his injunctions : both built upon the same foundation , namely , the resolution of the clergy in their convocation . and so it stood until the reign of king e. 6. at which time the reformation of the publick liturgie drew after it by consequence an alteration in the present businesse , no days being to be kept or accounted holy , but those for which the church had set apart a peculiar office , and not all those neither : for , whereas there are several and peculiar offices for the day of the conversion of saint paul , and the day of saint barnabas the apostles ; neither of these are kept as holy days , nor reckoned or esteemed as such in the act of parliament wherein the names and number of the holy days is precisely specified , which makes some think the act of parliament to have had an over-ruling power on the common prayer book ; but it is not so , there being a specification of the holy days in the book it self , with this direction , these to be ●bs●rved for hol● days , and non● other ; in which the feasts of the conversion of st , paul , and the apostle barnabas are omitt●d plainly , and upon which specification the stat. 5 & 6 ed. 6. cap. 3. which concerns the holy days ▪ seems most expresly to be built . and for the off●ces on tho●e days in the common-prayer booke , you may plea●e to know that every holy day consisteth of two special parts , that is to say , r●st or cessati●n from bodily labour , and celebration of di●ine or rel●gious du●ies ; and that the day●s before remembred a●e so far kept holy , as to have s●ill their proper and peculiar off●ces , which is observed in all the cathedrals of this kingdome , and the chappels royall , where the service is read every day ; and in most parish churches also , as oft as either of them falls upon a sunday , though the people be not in those days injoined to rest from bodily labour , no more then on the coronation day , or the fi●th of november , which yet are reckoned by the people for a kind of holy days . put all which hath been said together , and the ●umme is this ; that the proceedings of this church in the reformation were not meerly regall ( as it is objected by some puritans ) much les●e that they were parliamentarian in so great a wo●k , as the papists falsly charge upon us ▪ the parliaments for the most part doing li●tle in it , but that they were directed in a justifiable way , the work being done synodically ▪ by the clergy onely , according to the usage of the primi●ive●imes , the king concurring with them , and corroborating what they had ●esolved on , either by his own single act in his letters pa●ent . proclamations and i●junctions or by some publick act of state , as in 〈◊〉 , and by acts of parliament . 6. of the power of making canons , for the well ordering of the clergy , and the directing of the people in the publick duties of religion . we are now come to the last part of this design , unto the power of making canons , in which the parliament of england have had lesse to do then in either of the other which are gone before . concerning which , i must d●sire you to remember , that the clergie , who had power before to make such canons and constitut●ons in their convocation as to them seemed meet ▪ promised the king in verbo sacerd●tij , not to enact or ex●cute any new ca●ons , but by his majesties royal assent , and by his authority first obtained in tha● behalf : which is thus bri●fly touched upon in the ant. brit. in the l●fe of william marham arch bp of canterbury , cler●● in verbo sacerdotij fidem regid●dit , ne ulla● deinceps in synodo ferrent eccles●asticas leges , nisi e● synodas auth●ritate r●gia con● gregata , et constitutiones in synodis publicata● eadem au●●oritate ratae essent . upon which ground i doubt not but i might securely raise this proposition , that whatso●ver the clergy did , or might do lawfully before the act of submission in their convocation of their own power , without the kings authority and consent concurring , the same they can , and may do still , since the act of their submission ; the kings autho●●ty and consent co-operating with them in their counsels , and giving confirmation to their constitutions , as was said before . further , i● doth appear by the aforesaid act. 25. h. 8. c. 19. ●hat all such canons , constitutions , ordinances , and synodals prouincial , as were made be●ore the said submission , which be not contrary or repugnant to the laws , statutes and customes of this realm , nor to the damage or hurt of the ki●gs prerogative royal , were to be used and executed as in former times . and by the statute 26. h. 8. c. 1. of the kings supr●macy , that according to the recognition made in convocation ) ou● said soveraign lord , his heirs and succes●ors , kings of this realm , shall have full power and authority from time to time to visit , repress , reform , order , correct , &c. all such errours , heresies , abuses , offences , contemp●s , and enormities whatsoever they be , &c. as may be most to the pleasure of almighty god , the increase of vir●●e in christs religion , and for the peace , unity , and tranquillity of this realm , and the confirmation of the same . so that you see these several ways of ordering matters for the publick weal and governance of the church ; first by such ancient canons and constitutions , as being made in former times , are still in force ; secondly , by such n●w canons as are , or shall be made in convocation , with , and by the kings consen● ; and thirdly , by the authority of the soveraign prince , according to the precedent● laid down in the book 〈…〉 , and the best ag●s of the church . concerning which you must remember what was said before , viz. that the statutes which concern the kings supremacy are declaratory of an old power onely , not introd●ctory of a new ; which said , we shall the better see whether the parliament have had any thing to do either in making canons , or prescribing orders for the regulating of spiritual and ecclesiastical matters , and unto whom the same doth of right belong according to the laws of the realm of england . and first , king henry being restored to his headship or supremacy ( call it which you will ) did not conceive himself so absolute in it ( though at the first much enamoured of it ) as not sometimes to take his convocation with him , but at all ●imes to be advised by his prelates , when he had any thing to do that concerned the church ; for which there had been no provision made by the a●cient canons , grounding most times , his edicts and ●njuncti●ns royal , upon their advise and re●●lution . for on this groun● ▪ i mean the judgement and conclusions of his convocation , did he set out the 〈◊〉 of the yea● 1536. for the abo●●shing of superstitious holy days , the ex●erminating o● the popes authority , the publishing of the book o● articles , which before we spake of ●um . 8. by all parsons , vica●s and curates ; for preaching down the use of im●ges , reliques , pilgrimag●s and supe●stitious miracles ; for rehea●sing o●enly in the church , in the english ●ongue ; the creed , the pater noster , and the ten commandements ; for the due and r●verend minist●i●g of the sacraments and sacramentals ; for providing english bible● to be set in every church for the use of the people ; for the regular and sober life of clergy men , and the relief of the poor . and on the other side , the king proceeded sometimes onely by the advise of his prelates , as in the injunctions of the year 1538. for quarte●ly sermons in e●ch parish ; for admitting non● to preach but men sufficien●ly licenced ; for keeping a register book of christnings , weddings , and burials ; for the due paying of t●thes , as had been acc●stomed ; for the abolishing of the commemoration of s● . thomas becket ; for singing a parce nobis domine , in stead of ora pr●nobis , and the like to these . and of this sort were the injunctions which came o●t in some years succeeding , for the taking away of images and reliques , with all the ornaments of the same ; and all the monum●n●s and writings of feigned miracles , and for restraint of of●●ring or setting up lights in any churches , but onely to the blessed sacrament of the altar , in which he was directed chiefly by archb●shop cra●●er ; a● also those for eating of white meats in the 〈◊〉 of lent , the abolishing the fast on st ▪ marks day ▪ and the ridiculous ( but supe●stitious sports accustomably used on the days of st. cl●ment , st. catherine and st. ni●holas . all which and more was d●ne in the said kings reign without help of parliament . for which i shall re●er you to the acts and mon. fol. 1385 , 1425 1441. the like may also be af●irmed of the inju●ctions published in the name of k. e. 6. an. 1547. and printed also then for the use of the subjects ▪ and of the several letters missive which went forth in his name , prohibiting the bearing of candles one candlemas day : of ashes in lent , and of palms on palm-sunday ; for the taking down of all the images throughout the kingdom ; for administring the communion in both kinds , dated march 13. 1548. for abrogating of p●ivate mas●es , iune 24 ▪ 1549. for bri●ging in all miss●ls , graduals , processionals , legends and ordinals about the latter end o●december of the same year : ●or taking down of altars , and setting up tables in stead the●eof , an. 1550. and the like to these : all which part●cu●ars you have in 〈◊〉 book of act● and mon. in king edwards life , which whether they were done of the kings meer motion , or by advice of his counc●l , or by co●sultation with his bishops ( ●or there is little left upon r●cord of the convoca●ions of that time , more then the articles of the year 1552 ) ce●tain i am that there was nothing done , nor yet p●e●ended to be done in all these particulars by the authority o●parliament . thus also in qu. elizabe●hs time , before the new b●shops were well setled , and the q●een as●ured of the af●ections of her clerg● , she went that way to work in the reformation , which not onely her two predeces●ors , 〈◊〉 all the godly kings and princes in the jewish state , and many o● th●christian emperours in the primitive times had done before her , in the well ordering o● the church and peop●e committed to their care and government by almighty god ; and to that end she published her injunctions , an. 1559. a book of orde●s ▪ an. 1561. another of advertisements , an. 1562. all tending unto reformation , unto the building up of the new ierusalem , with the advise and counsel of the metropolitan ▪ and some other godly prela●es , who were then ab●ut her , by whom they were agreed on and subscribed unto , before they were presented to her , without the least concurrence of her court of parli●ment . but when the times were better se●led , and the first di●●icul●ies of her reign passed over , she left church work to the disposing of church-men , who by their place and calling were most proper for i● ; and they being met in c●●vocation , and thereto authorised as the laws required , did make and publish several books of canons , as viz. 1571. an. 1584. an. 1597. which being confirmed by the queen und●r the broad seal of england ▪ were in force of laws to all intents and purposes which they were first made ; but being confirmed without those formal words , her heirs and successors , are not binding now , but expired together with the queen . no act of pa●liame●t required to confirm them then , nor never required ever since , on the like occasion . a fuller evidence whereof w● cannot have , then in the canons of the year , 1603. being the first year of king iames , made by the clergie , onely in the c●nvo●●tion , and confirmed onely by the king ▪ for though the old canons were in force , which had been made before the submis●ion of the clergie , as before i shewed you , which served in all these wavering and un●etled t●mes , for the perpetu●l standing rule of the churches govenment ; yet many new emergent c●se● did require new ●ules , and whilest th●re is a possibility of mali mores ; there will be a necessity of bona leges . now in the confirmation of these canons we shall find it thus , that the cl●rgy being met in their convocatio● , according to the tenour and effect of his majesties writ , his m●j●sty was pleased by virtue of his prerogativ● royal and supream authori●y in causes ecclesiastical , to give and grant un●o them by his letters patents dated apr. 12. and iun. 25. full , free , and lawfu●l liberty , licence , power and authority , to convene , treat , debate , consider , consult , and agree upon such canons , or●ders , ordinances , and constitutions , as they should think neces●ary , fit and convenient for the honor and service of almighty god , the good and quiet of the church , and the better government thereof from time to time , &c. to be kept by all perso●s within this realm , as far as lawfully , being members o● the church it may concern them , which being agreed on by the cl●rgie , and by them presented to the king , humbly requiring him to give his royal as●ent unto them , according to the statute made in the 25 of k. h. 8 , and by his majesties prerogative and supream authority in ecclesiastical causes to ratifie and confirm the same , his majesty was graciously pleased to confirm and ratifie them by his letters patents , for himself , his heirs , and lawfull successours , straightly commanding and requiring all his loving subj●cts , dilig●ntly to observe , execute , and keep the same in all points , wherein they do or may concern all or any of them . no running to the parliament to confirm these canons , nor any question made till this present by temperate and knowing men , that there wanted any act for their confirmation which the law could give them . 7. an answer to the main objections of either party . but against this , all which hath been said before , it will be objected , ●hat being the bishops of the church are fully and wholly parliamentarian , and have no more authority and jurisdiction , nisi a parliamentis derivatum , but that which is con●erred upon them by the power of parliam●nts , as both sanders and schultingius do expresly say , whatsoever they shall do o● conclude upon , either in convocation , or in more private conferences may be called p●rli●men●arian also . and this last calumny they build on the sev●ral st●tutes 24. h 8. c. 12. touching the manner of e●ecting and consecrating arch-bishops and bishops , that of the 1 e. 6. c. 2. appointing how they shall be chosen , and what sea●s they sha●l u●e ; th●se of 3 and 4 ed. 6. c. 12. & 5 ▪ & 6. e. 6. ●or authorizing of the book of ordination . but ch●●fly that of the 8 eliz. c. 1. for making good all acts since ▪ 1 eliz. in co●s●crating , any arch bishop or bishop within this rea●m . ●o give a general answer to each several cavil , you may please to know ; that the bishops as they now stand in the church of england , derive their calling together with their authority and power in spiritual mat●ers , from no other hands , then those of christ and his apostles , their temporal honors and pos●●●●ions , from the bounty and affection onely of our kings & princes , their ecclesiastical juri●diction in ca●ses matrimonial , testamentary and the like , for which no action lieth at the common law , from continuall usage and prescription ; and ratified and continued unto them in the magna charta of this realm , and 〈◊〉 more unto the parliament than all sort of subjects do besid●s , whose fortunes and estates have been occasionally and collaterally confirmed in parliament . and as for the particular statutes which are touched upon , that of the 24 h. 8. do●h only constitute and ordain a way by which they might be chose and con●ecrated , without recourse to rome for a con●irmation ▪ which formerly had put the pr●lates to great charge and trouble ; but for the form and ma●ner of their consecration , the sta●u●e leaves it to those rites and ceremonies wherewith before it was perfo●●ed , and therefore sanders doth not stick to affirm , that all the bishops which were made in king henries days were lawfully and canonically ordained and cons●crated , the bishops of that time , not on●ly being acknowledged in queen maries days for lawfull and canonical bishops , but called on to assist at the consecration of such other bishops ( car●inal pool himself for one ) as were promoted in her reign , whereof see masons book de minist. ang. l. c. 〈◊〉 next for the statute 1 e. 6. cap. 2. besides that it is satisfied in part by the former answer as it relates to their canon●cal consecrations , it was repeaeld to t●rminis in the first of queene maries reigne , and never stood in ●orce nor practise to this day ▪ that of the authorizing of the booke of ordination in two severall parliaments of that king , the one a parte ante , and the other a parte post , as before i told you , m●ght indeed seeme somewhat to the purpose , if any thing were wan●ing in it which had beene used i● the formula's of the primitive times , or if the book had be●n composed in pa●liament , or by parliament men , or otherwise received more authority from them , then that i● might be lawfully used and exerc●sed th●oughou● the kingdome . but it is pl●in , that none of these things were o●jected 〈◊〉 queen maries day●● , when the p●pists stood m●st upon their points ▪ 〈◊〉 ordinal being not ●a●led in , because it had too much of the parliament , bu● becau●e it had too l●ttle of the pope , and re●sh●d too strongly of the p●imitive piety . and for the s●atute o● 8 of qu. eliz●beth , which is chiefly stood on , all that was done therein was no more then thi● , and on this occasion . a question had been m●de by captiou● and unquiet men , and amongst the rest by doctor b●nner , sometimes bishop of london , whether the bishops of those times were law●ully ordained or not ; the reason of the doub● being this ( which i marvell mason did not s●e ) because the ●ook of ordination which was annulled and ab●ogated in the 〈◊〉 of queen mary ▪ had not been yet restored , and revived by any legal act o● qu. elizabeths time ; which cau●e being brought before the p●rliamen● in the 8 year of her reign , th●p●rli●ment took notice first , that their not restoring of tha● booke 〈…〉 fo●mer power in ter●s significant and expresse , was but 〈…〉 , and then declare , that by the stature 5 and 6 e. 6. it had been 〈◊〉 to the book of common-pr●yer and administration of the sacram●nss , as a member of it , at least as an app●●dant to it , and therefore by the sta●u●e 1 eliz. c. ● . was restored again together with the s●id boo● 〈◊〉 common-prayer , intentionally at the least , if not in terminis . but 〈…〉 words in the said statute were not clear enough to remove all doub●s they therefore did revive now , and did accordingly enact , that whatso●ve● had been done by vertue of that ordination , should be good in law , 〈…〉 the total of the statute , and this shews rather in my judgement , tha● the bishops of the queens first times had too little of the parliament in them , then that they were conceived to have had too much . and so i come to your la●t objection , which concerns the parliament , whose entertaining all occasions to manifest their power in ecclesiasticall mat●●●● , doth seeme to you to make that groundlesse sl●nder of the p●pists the more fair and pla●sible . 't is true , indeed , that many members of both houses in these latter times , have been ●een very ready to embrace all businesses which are offered to them , out of a probable hope of drawing the managery of all affairs , as well ecclesiastical as civil , into their own hands . and some there are , who being they cannot hope to have their fancies authorized in a regular way , do put them upon such designs , as neither can consist with the nature of parliaments , nor the authority of the king , nor with the priviledges of the clergy ; nor , to say truth , with the esteem and reputation of the church of christ . and this hath been a practice even as old as wicklisse , who in the time of k. r. 2. addressed his petition to the parliament ( as we read in walsingham ) for the reformation of the clergy , the rooting out of many false and erroneous tenents , and for establishing of his own doctrines ( who though he had some wheat , had more tares by ods ) in the church of england . and lest he might be thought to have gone a way , as dangerous and unjustifiable , as it was strange and new , he laid it down for a position , that the parliament , or temporal lords ( where by the way this ascribes no authority or power at all to the house of commons ) might lawfully examine and reform the disorders and corruptions of the church , and a discovery of the errors and corruptions of it , devest her of all tithes and temporal endowments , till she were reformed . but for all this , and ( more then this ) for all he was so strongly back●d by the duke of lancaster , neither his petition nor his position found any welcome in the parliament , further then that it made them cast many a longing eye on the churches pa●rimony ; or produced any other effect towards the work of reformation , which he chiefly aimed at , then that it hath since served for a precedent to penry , pry● , and such like troublesome and unquiet spirits , to disturb the church , and set on foot those dreams and dotages , which otherwise they du●st not publish . and to say truth , as long as the clergy were in power , and had authority in convocation to do what th●y would in matters which concerned religion ; those of the parliament conceived it neither safe nor fitting to intermeddle in such business as concerned the clergy , for fear of being questioned for it at the churches bar. but when that power was lessened ( though it were not lost ) by the submission of the clergy to k. h. 8. and by the act of the supremacy which ensued upon it ; then did the parliaments begin to intrench upon the churches rights , to offer at , and entertain such businesses , as formerly were held peculiar to the clergy only ; next , to dispute their charters and reverse their priviledges ; and finally , to impose some hard lawes upon them . and of these notable incroachments , matthew parker thus complains in the life of cranmer , qua ecclesiasticarum legum potestate abdicata , populus in parliamento coepit de rebus divinis inconsulto clero sancire , tum al s●ntis c●eri privileg●a sensim de●rahere , ju●a●● duriora quibus cl●rus invitus teneretur , constituere . but these were only tentamenta , offers and undertakings only , and no more then so . neither the parliaments of k edward , or q. elizabeths time knew what it was to make committees for religion , or thought it fit that vzzah should support the a●k ▪ though he saw it tottering . that was a work belonging to the levites only , none of the other tribes were to meddle with it . but as the ●uritan faction grew more strong and active , so they applyed themselves more openly to the houses of parliament , but specially to the house of commons ; p●tting all power into their hands , as well in ecclesiastical and spiritual causes , as in matt●rs temporal . this , amongst others , confidently affirmed by mr. pryn , in the epistle to his book called anti-arminianism , where he a●ers , that all our bishops , our ministers , our sacraments , our consecration , our articles of religion , our homilies , common-prayer book , yea , and all the religion of the church , is no other way publiquely received , supported , or established amongst us , but by acts of parliament . and this not only since the time of the reformation , but that religion and church affairs were determined , ratified , declared , and ordered by act of parliament , and no waies else , even then when popery and church-men had the grea●●● 〈◊〉 . which strange assertion falling from the pen of so great a 〈◊〉 , was forthwith cheerfully received amongst our pharisces , who hoped to have the highest places , not only in the synagogue , but the court of sanhedrim , advancing the authority of parliaments to so high a pitch , that by degrees they fastened on them , both an infallibility of judgement , and an ●mnipotency of power . nor can it be denied ( to deal truly with you ) but that they met with many apt scholars in that house , who either out of a desire to bring all the grist to their own mill , or willing to enlarge the great power of parliaments , by making new precedents for posterity , or out of faction , or affection , or what else you please , began to put their rules in practise , and draw all matters whatsoever within the cognizance of that court ; in which their embracements were at last so general , and that humour in the house so prevalent ; that one being once demanded , what they did amongst them , returned this answer , that they were making a new creed : another being heard to say , that he could not be quiet in his conscience , till the holy text should be confirmed by an act of theirs : which passages , if they be not true and real , ( as i have them from an honest hand ) i assure you they are bitter jests . but this , although indeed it be the sicknesse and disease of the present times , and little to the honour of the court of parliament , can be no prejudice at all to the way and means of the reformation ; amongst sober and discerning men , the doctrine of the church being setled , the liturgy published and confirmed , the can●ns authorized and executed , when no such humour was predominant , nor no such power pretended to , by both or either of the houses of parliament . but here perhaps it will be said that we are fallen into charyb●is by avoiding s●yl●a , and that endevouring to stop the mouth of this popish calumny , we have set open a wide gap to another no lesse scandalous of the presbyterians ; who being as professed enemies of the kings as the popes supremacy , and noting that strong influence which the king h●●h had in ecclesiastical affairs since the first attempts for reformation , have charg'd it as reproachfully on the church of england , and the religion here est●blished , 〈…〉 and a regal-gospel . but the answer unto this is 〈◊〉 for first the kings intended by the objectors , did not act much in order to the reformation ( as appears by that which hath been said ) but either by the advice and cooperation of the whole clergy of the realm in their convocations , or by the counsel and consent of the bishops and most eminent church-men in particular conferences : which made it properly the work of the clergy only , the kings no otherwise then as it was propounded by him , or finally confirmed by the civil s●nction . and secondly , had they done more in it then they did , they had been warranted so to do by the word of god ; who hath committed unto kings and soveraign princes a supreme or supereminent power , not only in all matters of a temporal , or secular nature , but in such a● do concern religion and the church of christ . and so s ▪ augustine hath resolved it in his thi●d book against cres●onius . in hoc reges sicut iis divinitus praecipitur : ( pray you note that well ) deo serviunt in quantum reges sunt , si in suo regno bona jubeant , mala prohibeant , non solum quae p●rtinent ad humanam societatem , verum etiam ad divinam religionem . which words of his ●●emed so significant and convincing unto hart the iesuite , that being shewed the tractate writ by dr. nowell against dorman the priest in the beginning of q elizabeths time , and finding how the case was stated by that reverend person , he did ingenu●usly confesse , that there was no authority ascribed to the kings of england in ecclesiastical affaire , but what was warranted unto them by that place of augustine . the like affirmed by him that calleth himself francis●us de s. cl●ra , though a iesuite too ( that you may see how much more candid and ingenuous the iesuites are in this point then the presbyterians ) in his examen of the articles of the church of england . but hereof you may give me opportunity to speak more hereafter , when you propose the doubts which you say you have , relating to the king , the pope , and the churches protestant , and therefore i shall say no more of it at the present time . sect. ii. the manner of the reformation of the church of england declared and justified . hitherto i had gone in order to your satisfaction and communicated my conceptions in writing to you , when i received your letter of the 4. of ianuary , in which you signified the high contentment i had given you , in cond●scending to your weaknesse , ( as you pleased to call it ) and freeing you from those doubts which lay heaviest on you . and therewithall you did request me to give you leave to propound those other scruples which were yet behinde , relating to the king , the pope and the protestant churches , either too little or too much looked after in the reformation . and first you say it is complained of by some zelots of the church of rome , that the pope was very hardly and unjustly dealt with in being deprived of the supremacy so long enjoyed and exercised by his predecessors , and that it was an innovation no lesse strange then dangerous to settle it upon the king. 2. that the church of england ought not to have proceeded to a reformation without the pope , considered either as the patriarch of the western world , or the apostle in particular of the english nation . 3. that if a reformation had been found so necessary , it ought to have been done by a general councel , at least with the consent and co-operation of the sister-churches , especially of those who were engaged at the same time in the same designs . 4. that in the carrying on of the reformation the church proceeded very unadvisedly , in letting the people have the scriptures and the publique liturgie in the ●ulgar tongue , the dangerous consequents whereof are now grown too visible . 5. that the proceedings in the point of the common-prayer book were meerly regall , the body of the clergy not consulted with , or consenting to it ; and consequently not so regular as we fain would have it . and 6. that in the power of making canons and determining matters of the faith , the clergy have so ●ettered and in●angled themselves by the act of submission , that they can neither meet , deliberate , concl●de nor ●x●cute , but as they are enabled by the kings authority , which is a vassallage inconsistent with their native libertie● , and not agreeable to the usage of the primitive times . these are the points in which you now desire to have satisfaction , and you shall have it in the best way i am able to do it , that so you may be freed hereafter from such ●roubles and disputants , as i perceive have laboured to perplex your thoughts , and make you lesse affectionate then formerly to the church your mother . 1. that the church of england did not innova●e in the ej●ction of the pope , and setling the supremacy in the regal crown . and in this point you are to know that it hath been and still is the general and constant judgement of the greatest lawyers of this kingdome , that the vesting of the supremacy in the crown imperial of this realm , was not introductory of any new right or power which was not in the crown before , but declaratory of an old , which had been anciently and original●y inherent in it , though of late times usurped by the popes of rome , and in abeyance at that time , as our lawyers phrase it . and they have so resolved it upon very good 〈◊〉 ●●he principal manag●ry of 〈◊〉 which conce●n religion being a flower inseparably annexed to the ●egal diadem , not proper and peculiar only to the kings of england , but to all kings and princes in the church of god , and by them exercised and enjoyed accordingly in their times and places . for who , i pray you , we●e the men in the iewish church who destroy●d the idols of that people , cut down the groves , demolished the high places , and brake in pi●ces the brazen serpent , when abused to idolatry ? were they not the godly king● and prince● only which sw●y●● 〈◊〉 scepter of that kingdom● ? and though ' ●is possible 〈◊〉 that they might do it by the counsel and advice of the high priests of that nation , or of some of the more godly priests and levites ( who had a zeal unto the l●w of the most high god ) yet we finde nothing of it in the holy scripture ; the merit of these reformations which were made occasionally in that faulty church , being ascribed unto their kings , and none but them . had they done any thing in this which belonged not to their place and calling , or by so doing had intrenched on the office of the pri●sts and levites , that god who punished vzzah for attempting to support the arke when he saw it tot●ering , and smote osias with a leprosie for burning incense in the temple ( things which the priests and levites only were to meddle in ) would not have suffered those good kings to have gone unpunished , or at least uncensured , how good so●ver their intentions and 〈◊〉 we●e . nay , on the contrary , when any thing was amis●e in the church of iewry , the king● , and not the 〈◊〉 were admonished of it , and reproved for it by the prophets ; which sheweth that they were trusted with the reformation , and none else but they . is it not also said of david , that he distributed the priests and levites into several classes , alot●e● to them the particular times of their ministration , and designed them unto several offices in the publick service ? iosephus adding to these passages of the holy writ , that he c●mposed hymns and songs to the lord his god , and made them to be sung in the congregation , as an especial part of the publick liturgy . of which , although it may be said that he composed those songs and hymns by vertue of his prophetical spirit , yet he imposed them on the church , appointed singing-men to sing them , and prescribed vestments also to thes●singing-men , by no other power then the regal only : none of the pri●sts consulted in i● , for ought yet appears . the like authority was ●xercised and enjoyed by the christian emperors , not only in their calling councels , and many times assisting at them , or presiding in them by themselves , or their deputies , or commissioners ; but also in confirming the acts thereof . he that consults the c●de and 〈◊〉 in the civil lawes , will finde the best princes to have been most active in things which did concern religion , in regulating matters of the church , and setting out their imperial edicts for suppressing of hereticks . quid im●eratori cum ecclesia ? what hath the emperor to d● in matters which concern the church ? is one of the chief brand marks which optatus sets upon the donatists . and though some christians of the east have in the way of scorn had the name of melchites ( men of the kings religion , as the word doth intimate ) b●cause they adhered unto those doctrines which the emperors , agreeable to former councels , had confirmed and ratified : yet the best was , that none but sectaries and hereticks put that name upon them . neither the men , nor the religion was a ●ot the worse . nor did they only deal in matters of exterior order , but even in doctrinals , matters intrinsecal to the faith ; for which their enoticon set out by the emperor zeno for setling differences in religion , may be proof suffici●n●● the like authority was exercised and enjoyed by charles the great , when he attained the western empire , as the capitula●s published in hi● name , and in the names of his successors , do most clearly evidence ; and not much lesse enjoyed and practis●d by the kings of england in the elder times , though more obnoxious to the power of the pope of rome , by reason of his apostleship ( if i may so call it ) : the christian faith being first preached unto the english saxons , by such as he employed in that holy work . the instance● whereof dispersed in several places of our english histories , and other monuments and records which concern this church , are handsomely summed up together by sir edward coke in the fift part of his reports , if i well remember ▪ but i am sure in cawd●ies case , entituled , de iure regis ecclesiastico . and though parsons ( the iesuite ) in his answer unto that report , hath took much pains to vindicate the popes supremacy in this kingdome , from the first planting of the gospel among the saxons ; yet all he hath effected by it , proves no more th●n this , that the popes , by permission of some weak princes , did exercise a kinde of concurrent jurisdiction here with the kings themselves , but came not to the full and entire supremacy , till they had brought all other kings and princes of the western empire ; nay ▪ even the emperors themselves under their command . so that when the supremacy was recognized by the clergy in their convocation●o k. h. 8. it was only the restoring of him to his proper and original power , invaded by the popes of these later ages ; though possi●ly the title of supreme head seemed to have somewhat in it of an 〈◊〉 . at which title , when the papists generally and calvin in his comment on the prophet amos , did seem to be much scandaliz●d , it was with much wisdome changed by q. elizabeth into that of supreme governour , which is still in use . and when that also would not down with some queasie stomachs , the queen her self by her injunctions , published in the first year of her reign , and the clergy in their book of articles agreed upon in convocation about five years a●ter , did declare and signifie , that there was no authority in s●cred matters contained under that title , but that only prerogative which had b●en given alwaies to all godly princes in holy scriptu●es by god himself ; that i● , that they should rule all estates and degrees committ●d to their change by god , whether they be ecclesiastical or temporal , and to restrain , with the civil sword , the stubborn and evil d●ers ; as also to exclude thereby the bishop of rome from having any jurisdiction in the realm of england , artic. 37. lay this unto the rest before , and tell me ( if you c●n ) what hath been acted by the kings of england in the reformation of religion , but what is warranted unto them by the practise and example of the most godly kings of iewry , seconded by the most godly emperor● in the christian church , and by the usage also of their own predecessors in this kingdome , till papal usurpation carried all before it . and being that all the popes pretended to in this realm was but usurpation , it was no wrong to take that from him which he had no right to , and to restore it at the last to the proper owner . neither prescription on the one side , nor discontinuance on the other , change the case at all : that noted maxim of our lawyers that no prescription●indes the king ( or nullum tempus occurrit regi , as their own words are ) being as good against the pope , as against the subject . this leads me to the second part of this dispute , the dispossessing of the pope of that supreme power , so long enjoyed and exercised in this realm by his predecessors . to which we say that though the pretensions of the pope were antient , yet they were not primitive : and therefore we may answer in our saviours words , ab initio non ●uit sic , it was not so from the beginning . for it is evident enough in the course of story , that the pope neither claimed nor exercised any such supermacy within this kingdome in the first ages of this church , nor in many after ; till by gaining from the king the 〈◊〉 of bishops under henry the ● . the exemption of the clergy from the courts of justice ●nder henry the 2. and the submission of king iohn to the see of rome , they found themselves of strength sufficient to make good their plea . and though by the like artifices , seconded by some texts of scripture , which the ignorance of those times incouraged them to abuse as they pleased , they had attained the like supremacy in france , spain , and germany , and all the churches of the west : yet his incroachm●nts wer● opposed , and his authority disputed upon all occasions , especially a● the light of letters did begin to shine . insomuch as it was not only determined essentially in the councel of constance ( one of the imperial cities of high germany ) that the councel was above the pope ; and his authority much 〈◊〉 by the pragmatick sanction , which thence took beginning : but gerson the learned chancellor of paris wrote a full discourse , entituled , de auferibilitate papae , ●ouching the totall abrogating of the papall office ; which certainly he had never done in case the papall office had been found ●ssential and of intrinsecal concernment to the church of christ . according to the position of that learned man the greatest princes in these times did look upon the pope and the papall power as an exc●escence at the best in the body mystical ; subject and fit to be pared off as occasion served : though on self-ends , reasons of state , and to serve their several turn● by him as their needs required , they did and do permit him to continue in his former greatnesse . for lewis the 11. king of france in a councel of his own bishops held at lions , cited pope iulius the 2. to appear before him : and la●strech governour of millaine under francis the 1. conceived the popes authority to be so unnecessary ( yea even in italy it self ) that taking a displeasure against leo the 10. he outed him of all his jurisdiction within that dukedome , anno 1528. and so disposed of all ecclesiasticall affairs ; ut praefecto sacris bigorrano episc●po omnia sine romani pontificis autoritate admin●strarentur , as thuanu● hath it , that the church there was supremely governed by the bishop of bigorre ( a bishop of the church of france ) without the intermedling of the pope at all . the like we finde to have been done about six years after , by charle● the fift emperor and king of spain , who being no lesse displeased with pope clement the 7. abolished the papall power and jurisdiction out of all the churches of his kingdomes in spain . which though it held but for a while , ( till the breach was closed ) yet left he an example by it ( as my a●thor noteth ) ecclesiasticam disciplinam citra romani nominis autoritatem posse conservari , that there was no necessity of a pope at all . and when k ▪ henry the 8. following these examples , had banished the popes authority out of his dominions , religion still rema●ning here as before it did ( he pope●supremacy not being at that time an article of the christian faith , as it ha●h since been made by pope pius the 4. ) that act of his was much commended by most knowing men , in that without more alteration in the face of the church romanae sedis exuisset obsequium ( saith the author of the tridentine history ) he had ●reed himself and all his subjects from so great a vassa●lage . now as k. henry the 8. was not the first christian p●ince , who did de facto abrogate the popes authority : so was he not the last that thought it might be abrogated if occasion were . for to say nothing of king edward the 6. and queen elizabeth two of hi● successo●s , who followed his example in it : we finde it to have been resolved on by k. henry the 4. of france ▪ who questionlesse had made the archbishop of bou●ges the patriarch of the gallicane church , and totally with●rawn it from acknowledging of the authority of the see of rome , had not pope clement the 8. ( much against his will ) by the continual solicitations of cardinal d' ossat , admitt●d him to a formal reconciliation , on his last falling off to popery . how nee● the signeury of venice was to have done the like , anno 1608. the history of the interdict , or of the quarrel● betwixt that state and pope paul the 5. doth most plainly shew . this makes it evident , that in the judgement and esteem of most christian p●inces ( in other things of the religion of the church of rome ) the popes supremacy was looked upon as an incroachment ; and therefore might be abrogated upon bet●●● 〈…〉 been admitted in their several kingdome● . by cons●quence the doing of it here in england , neither so injurious or unjust as your zelots make it . 2. that the church of england might proceed to a reformation without the approbation of the pop● or church of rome . but here you say it will be replied , that though the pope 〈◊〉 not con●id●re● a● the 〈…〉 of the church ; with reference wher●unto his super eminent jurisdiction was disputed in the former times : yet it cannot be denied with reason , but that he is the patriarch of these w●stern churches , and the apostle in particular of the english nation . in these respects no reformation of the church to be made without him : especially , considering that the church of england at that time was a member of the church of rome , and therefore to act nothing in that kinde but by consent of the whole ; according to that known maxim of the schools , turpis est pars ea qu●e toti su● non cohaere●t . this though it be a triple cord , will be easily broken . for first the p●pe is not the patriarch of the west . one of the patri●●●● of the w●st we shall easily grant him ; but that he is the patriarch we will by no means yeeld . to tell you why we dare not yeeld it , i must put you in minde of these particulars : 1. that all bishops in respect of their office or episcopality are of equall power , whether they be of rome or rhegium , of constantinople or engubium , of alexa●dria or of tanais , as s. hierom hath it , potn●ia divitiarum & paupertatis humilitas vel sublimiorem vel in●eriorem ●piscopum non faci● . a plentiful revenue and a sorry competency makes not ( saith he ) one bishop higher then another in regard of his office , though possibly of more esteem and reputation in the eyes of men . 2. that in respect to polity and external order , the bishops antien●ly were disposed of into sub et supra , according to the platform of the roman empire , agreeable to the good old rule which we finde mentioned , though not made in the general councel of chalc●don , that is to say , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} &c. the 〈…〉 civil state . 3. that the rom●n empire was divided an●iently into 14 juridical circuit● , which they called diocesses , reckoning the praefecture o●rome for one of the number : six of the which , that is to say the diocess●s of italie , africk , spain britain , gaul , and illyricum occidentale , besides the p●aefecture of the city , were under the command of the western empero●s , after the empire was divided into east and west . 4. that in the p●aefecture of the city of rome were contained no more than the provinces of latium , tuscia , picenum 〈…〉 and lucania , in the main land of italy , t●gether with the islands of sicilie , corsica and sardinia . 5. that every province having s●veral cities , there was ( agreeable to this model ) a bishop plac●d in every city , a metropolitan in the chief city of each province , who had a superintendence over all the bishops ; and in each diocesse , a primate ruling in chief over the metropolitans of the several provinces . and 6. though at fi●st only the three primates or arch-bishops of rome , antioch , and al●xandria , commonly and in vulgar speech had the name of patriarchs , by reason of the wealth and greatn●sse of those cities ( the greatest of the roman e●pire , and the chief of europe , asia , and africa ) to which the bishops of hierusalem and 〈◊〉 were after added : yet were they all of ●qual power am●ng themselve● , and shined with as full a splendor in their proper orbes as any of the popes then did in the sphere of rome , receiving all their light from the sun of righteousnesse , not borrowing it from one another ; for which the so much celebrated canon of the n●cene councel may may be pro●f su●●icient . if not the edicts of ius●inian shall come in to help , by which it was decreed that all appeals in point of grievance should lie from the bishop to the metropolitan , and from the metropolitans unto the primates ( the patriarchs as he cals them ) of the several diocess●s . by which accompt it doth appear that the patriarch●te of rome was an●iently confined within the praefecture of that city : in which respect as the provinces subject to the pope were by ruffinus called regiones suburbicariae , or the city provinces ; so was the pope himself called vrbicus , or the city-bishop by optatus a●er . to prove this point more pl●inly by particular instances ▪ i shall take leave to travel over the western diocesses , to se● what marks of independence we can finde among them : such as dissenting in opinion from the church of rome , or adhering unto different ceremonies and formes of worship , or otherwise standing in defence of their own authority . and first the diocesse of italy , though under the popes nose ( as we use to say ) was under the command of the archbishop of millaine , as the primate of it : which city is therefore called by athanasius {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} the metropolis or chief city o●italy . the saturdaies fast observed at rome and not at millaine , ( quando romae sum jejuno sabbato , quum hic sum non jejuno sabbato , as s. ambrose hath it ) shewes clearly that the one had no d●pendence upon the other . and yet the diff●rence of divine offices or formes of worship is a more pregnant proof then this : the churches of millain officiating for many ages by a liturgie which s. ambrose had a special hand in ; they of the patriarchate of rome following the old roman missals , not fully finished and compleated till the time of pope gregory . whence the distinction of ecclesiae ambrosianae & ecclesiae gregorianae , extant in bonaventure and others of the writers of the later times . crosse we the seas unto the diocesse of africk , governed in chief by the p●imate or archbishop of carthage : and there we finde s. cyprian determining against pope stephen in the then controverted case of rebaptization ; and calling him ( in his epistle of pompeius ) an obstinate and presumptuous man , and a fauter of hereticks : no very great tokens of subjection , if you mark it well . the error of his judgement in the point debated i regard not here ; but i am sure that in defence of his authority and jurisdiction , he was right enough : and therein strongly seconded by the african church , opposing the incroachments of zosimus , boniface , and celestine , succeeding one another in the roman patr●archa●e ; prohibiting all appeals to rome in the councels of milevis and carthage ; and finally ●xcommunicating lupicinus for appealing to pope leo the first , contrary to the rites and liberties of the african church . next for the diocesse of spain , i look upon the musarabick liturgie composed by isidore , archbishop of sevil , and universally received in all the churches of that continent 〈…〉 as the am●rosian office was in the church of m●llain ; the roman or gregorian missal not being used in all this countrey till the year 1083. at which time one bernard a frenchman and a great stickler in behalf of the roman ceremonies , being made archbishop of toledo , by practising with alfonso the then king of castile , first introduced the roman missall into some of the churches of that city , and after by degrees into all the rest of those kingdomes : soon after the chu●ches of france , the greatest and most noble part of the gallick diocesse , they were originally under the authority of the bishop of lions , as their proper primate , not owing any sui● of s●rvice to the court of rome ; but standing on their own basis , and acting all 〈…〉 did . the freedome wherewith i●enaeu● the renowned 〈◊〉 of that city reproved the rashnesse of pope victor ( in the case of easter ) not well becoming an inferi●r bishop to the supreme pastor : shewes plainly that they stood on even ground , and had no advantage of each other in respect of sub & supra , as logicians say : notwithstanding that more powerful principality ( potentior principalitas , as the latin : hath it ) which irenaeus did allow him over those at home . but a more evident proof of this there can hardly be then those large lib●rties and freedomes which the church gallican doth at this time enjoy ; the remainders past all doubt of those antient rights which under their own patriarch they were first possessed of : not suffering the decrees of the councel of trent ( that great supporter of the pop●dome ) to take place amongst them , but as insensi●ly and by the practises of some bishop● they were introduced ; cu●bing the popes exorbitant power by the pragmatick sanction , and by the frequent judgements and arrests of parliament : insomuch ●s a book of cardinal 〈◊〉 tending to the advancement of the papall monarchy , and another writ by becanus the iesuite●nti●uled controv●rsia anglicana in maintenance of the popes supremacy , we●e supp●essed and cen●u●ed , anno 1612. another writ by ●asp●r schioppius to the same effect ( but with ●ar lesse modesty ) being at the same time burnt by the hands of the hangman . finally , for the churches of the diocesse of britain ( those of illyricum lying too far off to be brought in here ) they had their own primate also the archbishop of york , and under him two metropolit●n● , the bishops of london and caer-leon . and for a character of their freedome or self subsistence , they had four different customes from the church of rome , as in the tonsure , and the keeping of the feast of easter , wherein they followed the tradition of the eastern churches : so firm withall in their obedience to their own primate , the archbishop of ca●r-leon on vsh ( the only archbishop of three which before they had ) that they would by no means yeeld sub●ection unto augustine the monk , the first archbishop of the english , though he came armed amongst them with the popes authority . nor would they afterwards submit unto his successors , though backed by the authority of the kings of england , acknowledging no other primate but the bishop of st. davids ( to which the metropolitan see was then translated ) untill the time of henry the 2. when the greatest part of south wales and the city of s. davids it self was in possession of the english . these were the patriarchs or primates of the western churches , and by these primates the church was either governed singly ( but withall supremely ) in their several diocesses , ( taking the word diocese in the former notion ) or in conjunction each with other by their letters of advice and intercourse , which they called literas formatas and communicatorias . you see by this that though the pope was one of the western patriarchs , yet was he not originally and by primitive insti●ution , either the patriarch of the west , ( that is to say not the only one ) nor could pretend unto their rights , as any of their sees were ruined by the barbarous nations : and consequently his consent not necessary to a reformation beyond the bounds of his own patriarchate , under that pretence . let us next see what power he can lay claim unto , as the apostle in particular of the english nation . which memorable title i shall never grudge him . i know well not only that the wife of ethelbert king of kent , a christian and a daughter of france had both her chappel and her chappellane in the palace royal , before the first preaching of austin the monk ; but that the britains living intermixt with the saxons for so long a time , may be supposed in probability and reason to have gained some of them to the faith . but let the pope enjoy this honour , let gregory the great be the apostle of the english saxons , by whom that augustine was sent hither : yet this en●i●uleth his successors to no higher prerogatives then the lords own apostles did think fit to claim in countreys which they had converted . for neither were the english saxons baptized in the name of the pope ( they had been then gregoriani and not christiani ) ; or looked upon him as the lord of this part of gods 〈…〉 s. paul the apostle of the gentiles did disclaim the one ; s. peter the apostle of the iewes did disswade the other . the anglican church was absolute and independent from the first beginning , not tyed so much as to the ceremonies of the church of rome : it being left by gregory to the discretion of augustine , out of the rites and rubricks of such churches as he met with in his journey hither ( these of italie and france he means ) to constitute a form of worship for the church of england . and for a further proof hereof , he that consults the saxon councels collected by that learned and ind●striou● gentleman sir h ▪ spelman , will finde how little there was in them of a papall influence , from the first planting of the gospel to the norman conquest . if we look lower we shall finde , that the popes legat a latere whensoever sent , durst not set foot on english ground , till he was licensed and indemnified by the kings authority : but all ap●eals in case of grievance were to be made ( by a decree of henry the 2. ) from the archdeacon to the bishop , from the bishop to the metropolita● , et si archiepiscopus defecerit in justitia exhibenda , ad dominum regem deveniendum est postremo , and last of all from the metropolitan to the king himself ; no appeal hence unto the pope as in other places , that the clergy of this land had a self-authority of treating and concluding in any businesse which concerned their own peace and happinesse , without resorting ●o the pope for a confirmation . out of which canons and determinations made amongst our s●lve● , lindwood composed his provincial ( though framed according to the method of the roman d●cretal ) to be the standing body of ou●common-law : that on the other side neither the canons of that church , or decretals of the popes were c●ncluding here , but either by a voluntary submission of some ●●●ning and ambitiou● p●●lates , or as they were received synodically by the english cle●gy ; of which the con●●itutions made by o●he and otheb●n leg●ts a l●tere from the pope may be proof sufficient : a●d finally that ans●●m the a●chbish●p of canterbury , was welcomed by pope v●ban the 2. to the councel of b●ri in apulia , tanquam alterius orbis papa , as in william of malmesbury ; tanquam patriarcham & apostolicum , as iohn capgrave hath it ▪ as the pope , patriarch , and apostolick p●●●or of another world ( divisos orbe brita●●os , as you know who said ) . which ti●les questionlesse the pope would n●ver have con●●●red upon him , had he not been as ●bsolute and supreme in his own jurisdiction ( succeeding in the patriarchal rights of the british diocesse ) as the pope was within the churches ●ubject unto his au●●ority . and this perh●ps might be the reason why innocent the 2. bestow●d on theobald ( the third from ans●lm ) and on his su●cesso●s in that s●e , the title of legati n●ti ; that they might seem to act rather in the time to come as servants and ministers to the pope , then as the primates●nd chief pastors of the church of england . and by all this it may appear that the popes apostleship was never looked on here as a matter of so great concernment , that the church might not lawfully proceed to a r●formation without his allowance and consent . were that plea good , the germans might not lawfully have reformed themselves , without the allowance of the english : it being evident in story that not only boniface archbishop of men●z , called generally the apostle of germany , was an engglish man ; but that willibald the first bishop of eystel , willibad●he first bishop of bremen , willibrod the first bishop of vtreoht , swibert the first bishop of vir●●em , and the fi●st converter● of those parts were of england also men instigated to this great work ( all except the first ) not so much by the pope● zeal as their own great piety . by this that hath been said it is clear enough that the church of england at the time of the reformation , was not indeed a member of the church of rome , under the pope a● the chief pastor and supreme head of the church of christ : but a fellow-member with it of that body mystical whereof christ only is the head , part of that ●●ock whereof he only i● the sheph●rd : a sister church to that of rome , though with relation to the time of her last conversion , but a younger sister . and if a fellow-member and a sister-church , she might make use of that authority which naturally and originally was vested in her , to reform her self , without the leave of the particular church of rome , or any other whatsoever of the sister-churches . the church is likened to a city in the book of god , a city at unity in it self , as the psalmist cals it ; and as a city it consisteth of many houses , and in each house a several and particular family . suppose this city visi●ed with some general sicknesse , may no● each family take care to preserve it self , advise with the physitian , and apply the remedy , without consulting with the rest ? or if consulting with the rest , must they needs ask leave also of the maior or principal magistrate , take counsel with no other doctors , and follow no other course of physick then such as he commends unto them , or imposeth on them ? or must the lesser languish irremediably under the calamity , because the greater and more potent families do not like the cure ? assuredly it was not so in the primitive times , whe● it was held a commendable and lawfull thing for national and particular churches to reform such errors and corruptions as they found amongst them ; nor in the church of iudah n●ither , when the idolatries of their n●ighbours had got ground upon them ▪ though isra●l transgress● , 〈◊〉 not judah sin , saith the prophet hosea chap. 4. yet israel was the greater and more numerous people . ten tribes to two ; two of the ten the eld●st sons of their father iacob , all of them older then benjamin the last begotten ▪ being the second of the two : which notwithstanding the kings of iudah might and did proceed to a reformation , though those of israel did refuse to co-operate with them . the like was also done de facto and de jure too in the best and happiest-times of christianity : there b●ing many errors and un●ound opinions condemned in the councels of g●ngra , aquilia , cart●age ▪ mil●vis ; and not a ●ew cor●up●ions in the practical part of religion reformed in the synods of ●liberis , laodic●a , arles , and others in the fourth century of the church : without advising or consul●ing with the r●man oracle , or running to the church of rome for a confirmation of their acts and doings ▪ though at that time invested with a greater and more powerful princi●ality then the others were . no such regard had in those ti●es to the church of rome , though the elder sister , but that another national church might reform without her : nor any such consideration had of the younger s●sters , that one should ●arry for another till they all agreed , though possibly they might all be sensible of the inconvenience , and all alike desirous of a speedy remedy . but of this more anon in answer to the next objections . proceed we now a little ●urther , and let us grant for once that the church of england was a member at that time of the church of rome , acknowledging the pope for the head thereof : yet this could be no hindrance to a reformation ▪ when the pre●ended head would not yeeld unto it , or that the members could not meet to consult about it . t●e whole body of the church was in ill condition , every part unsound , but the disease lay chiefly in the head it self , grown monstrously too great for the rest of the members . and should the whole body pine and languish without hope of ease , because the head ( i mean still the pretended head ) would not be purged of some supe●fl●ous and noxious humours occasioning giddinesse in the brain , dimnesse in the eye , deafn●sse in the ear , and in a word , a general and sad distemper unto all the members ? the pop● was grown to an exorbitant height both of pride and power ; the court of rome wallowing ( as in a course of prosperous fortunes ) in all volup●uousnesse and sensuality . nothing so feared amongst them as a reformation ▪ wher●by they knew that an abatement must be made of their pomp and pleasure . of these corrup●ions and abuses as of many others complaint had formerly been made , by armachanus ▪ grosthead bishop of lincoln , s. bernard , nic● de clemangis , an● other conscientious men in their several count●eys : 〈…〉 noted and informed against by wic●l●sse , iohn 〈…〉 , &c. bu● they complained 〈…〉 who was resolv●d not to hear the voice of those 〈◊〉 , c●armed they never so wis●ly . the c●urch mean while was in a very ill condi●i●n , wh●n he that should prescribe the cure , was beco●e the si●kn●sse . co●●●dering therefore that a reformation could not be obtained by the popes consent , there was no r●medy but that it must be made without it . the molten calf mod●lled by the egyptian apis , and the altar patte●ned from dam●s●us , had made the israelites ( in all probability ) a● great idolaters as their 〈◊〉 , if the high priests that set them up might have ha● their wil● . nor had it been much better with the chu●ch of christ , if arianism could not have been suppressed in particul●r churches , because liberius pope of rome , ( supposing him to be the head of the church in g●neral ) had subscribed unto it , and that no error and corruption could have been reformed , which any of the popes ( whose graves i am very lo●h to open ) had been guilty of , but by their permission . the church now were in worse estate under christian princes , then when it s●ffered under the power and tyranny of the heathen emperors , if it were not lawf●l for particular churches to provide for their own safety and salvation , without resorting to the pope : who cannot every day be spoke with , and may ( when spoken with ) be pressed with so many inconveniences nearer hand , as not to be at leisure to attend such businesses as lie furth●r off . and therefore it was well said by danet the french ambass●dor when he communic●ted to the pope his ma●●ers purpose of reforming the ga●●●can church by a national councel : is ( said he ) paris were on fire , would you not count the citizens either fools , or mad-men , if they should send so far as ●iber for some water to quench it ▪ the river of s●ine running through the city , and the marno so near it ? 3. that the church of england might lawfully pr●ceed to a reformation with●ut the help of a general councel , or calling in the aid of the protestant churches . but here you say it is object●d , that if a reformation were so necessary as we seem to make it , and that the pope wa● never like to yeeld unto it , as the case then stood ; it ought to have been done by a general councel , according to the usage of the primitive times . i know indeed that general councels ( such as are commonly so called ) are of excellent use , and that the name thereof is sacred and of high esteem . but yet i prize them not so highly as pope gregory did , who ranked the ●our first general c●uncels with the four evangelists : nor am i o● opinion that they are so necessary to a reformation either in point of faith or corruption of manners , but that the business of the church may be done without them . nay , might i be so bold as to lay my naked thoughts before you ( as i think i may ) you would there finde it to be some part of my belief that there never was , and never can be such a thing as a general councel truly and properly so called : th●t is to say , such a general councel to which all the bishops of the church ( admiting none but such to the power of vo●ing ) have bin or can be called together by themselves or their proxies . these which are commonly so called , as those of nice , constant●nople ▪ 〈◊〉 , chal●●don , were only of the 〈◊〉 of the roman e●pire . chri●tian churches ●xisting at that time in ethiopia and the kingdome of persia ( which made up no small p●rt of the church of christ ) were neither present at them , nor invi●●d to them . and yet not all the p●elates n●ither of the roman empire , nor some from ●very province of it did attend that service : those councels only being the assemblies of s●me eastern bishop● , such as could most conveniently be drawn together : few of the wes●e●n churches ( none at all in some ) having or list or leisure ●or so long a journey : for in the so much celebra●●d councel of nice , there were but nine bishops s●nt from france , but two from africk , one alone from spain , none ●rom the 〈◊〉 of 〈◊〉 , and out of it●ly , which ●ay nearest to it , none but two priests appeared at all , and those as legat● from the pope , not authorised to represent the italian churches ; so that of 318 bishops which were there assembled , there were but twelve in all , ( besides the l●gats of the p●pe ) for the western churches : too great a dispropor●ion to entitle it 〈◊〉 the name of general . and yet this was more general then the rest that followed : there being no bishops of the w●st at all in the second and third , but the popes themselves : and in the 4 none but the legats of the p●pe to supply his place . so that ●hese 〈◊〉 were called general , not that they were so in thems●lves , but that there was a grea●e● c●nc●urse to them fr●m the n●●ghbouring provinces , then was o● had b●en to som● o●●ers on the like occasions . which if it be enough to 〈◊〉 a general 〈◊〉 , i s●e no 〈…〉 call●d so too , summoned in the case of 〈…〉 the patriarch at that time of that ●amous city . for the condemning of whose heresie there conveen●d not the bishops of that province only , but the pa●ria●ch o●hi●rus●lem , the bish●p of caesarea in palestine , b●zra in arabia , tarsus in cili●●a , caesarea in cappadocia , of iconium in ly●a●ni● , o●neo-caesare● in pontus , besides many others from all places , of the 〈◊〉 rank and qu●lity , but of lesser fame : not ●o say any thing 〈◊〉 dionysius p●triarch of alexand●ia , 〈◊〉 bu● not 〈◊〉 in regard of sicknesse , which d●f●ct he recompens●d 〈…〉 and int●rcourse ▪ or of dion●sius pope o●rome , so 〈◊〉 by the puritan or 〈…〉 that he could not shine . so that if the present of two of the fou● pat●iarchs , and the invi●ing of the others , with the bishops of so many distant n●tions as were there assembled , ●uffice to make a general councel ; the councel of antioch might as well hav● the name of general , as almost any of the rest which are so entituled . but laying by th●se thoughts as too strong of th●paradox , and looking on a general councel in the common noti●n , ●or an assembly of the prelates of the east and west , ●o which the four patriarchs are invited , and from which no bishop is excluded that comes commissionated and instructed to at●●nd the 〈◊〉 . i cannot think them of such co●sequence to the church of god , but that it may proceed without them to a reformation . for certainly that saying of s. augu●tine in his 4. book against the two epistles of the pelagians , cap. 12. is ●xceeding true , paucas fuisse haereses ad quas superandas necessarium fuerit concilium plenarium occidentis & orientis , that very few heresies have been crushed in such general c●uncels . and so far we may say with the learned cardinal , that for seven heresies suppressed in seven general councel● ( though by hi● leave the seventh did not so much suppress as advance an heresie ) an hundred have been quashed in national and provincial synods : whether confirmed or not confirmed by the p●pes authority , we regard not here . some instances here●f in the synods of aquileia , carthage , gangra , milevis , we have seen before , and might adde many others now , did we think it necessary . the church had been in ill condition , if it had been otherwise , especially under the power of heathen emperors , when such a confluence of the prelates from all parts of the world would have been construed a conspiracie against the state , and drawn destruction on the church and the persons both . or granting that they might assemble without any such danger , yet being great bodies , moving sl●wly , and not without long time and many difficulties and disputes , to be rightly constituted : the church would suffer more under such delay by the spreading of heresie , then receive benefit by their care to suppress the same . had the same course been taken at alexandria for suppressing arius , as was before at antioch for condemning paulus ; we never had heard newes of the councel of nice ; the calling and assembling whereof took up so long time , that arianism was diffused over all the world before the fathers met together ; and could not be suppress●d ( though it were condemned ) in many ages following after . the plague of heresie , and leprosie of sin would quickly over-run the whole face of the church , if capable of no other cure then a general councel . the case of arius , and the universal spreading of his heresie compared with the quick rooting out of so many others , makes this clear enough . to go a little further yet , we will suppose a general councel to be the best and safest physick that the church can take , on all occasions of epidemical distemper ; but then we must suppose it at such times and in such cas●s only , when it may conveniently be had . for where it is not to be had or not had conveniently , it will either prove to be no physick , or not worth the taking . but so it was , that at the time of the reformation , a general councel could not conveniently be assembled , and more then so it was impossible that any such councel should assemble ; i mean a general councel rightly called and constituted , according to the rul●● laid down by our controversors . for first they say it must be called by such as have power to do it . 2. that it must be intimated to all christian churches , that so no church nor people may plead ignorance of it . 3. the pope and the four chief patriarchs must be present at it , either in person or by proxie . and lastly , that no bishop is to be excluded , if he be known to be a bishop and not excommunicated . according to which rules , it was impossible i say , that any general councel should be assembled at the time of the reformation of the church of england . it was not then as when the greatest part of the christian world wa● under the command of the roman emperors ; whose edict for a gen●ral councel●igh● speedily be posted over all the provinces . the messengers who should now be sent on such an errand unto the countreys of the turk , the persian , the tartarian , and the great mogul ( in which are many christian churches , and more perhaps then in all the rest of the world besides ) would finde but sorry entertainment . nor was it then , as when the four chief patriarchs , together with their metropolitans and suffragan bishops , were under the protection of the christian emperors , and might without danger to themselves or unto their churches , obey the intimation and attend the service : those patriarchs with their metropolitans and suffragans , both then and now langu●shing under the tyranny and power of the turk , to whom so general a confluence of christian bishops , must n●eds give matter of suspicion , of just fears and jealousies , and therefore not to be permitted ( as far as he can possibly hind●r it ) on good reason of state . for who knowes better the● themselve● how long and dangerous a war was raised against their predecessors by the western christians for recovery of the holy land , on a resolution taken up at the councel of cle●mont ; and that ●●●ing war against the turks is still ●steemed a cause sufficient ●or a general councel . and then besides it would be known by whom this general councel was to be assembl●d ▪ if by the pope , as generally the papists say , he and his court were looked on as the greatest grievance of the christian church : and 't was not probable that he would call a councell against himself , unlesse he might have leave to pack it , to govern it by his own legats , fill it with titular bishops of his own creating , and send the holy ghost to them in a clok●bag as he did to trent . if joyntly by all christian princes ( which is the common tenet of the protestant schools ) what hopes could any man conceive ( as the times then were ) that they should lay aside their particul●r interesses , to center all together upon one design ? or if they had agreed about it , what power had they to call the prelates of the east to att●nd the business , or to protect them for so doing at their going home ? so that i look upon the hopes of a general councel , i mean a general councel rightly called and constit●ted , as an empty 〈◊〉 . the m●st that was to be expected was but a meeting of some bishops of the west of europe , and those but of 〈◊〉 party only : such as were excommunicated , ( and th●● might be as many as the pope should please ) being to be excluded by the cardinals rule . which how it may be call●●●n oecumenial or general councell , unlesse it be a topical oecumenical , a particular-general ( as great an absurdity in grammar , as a roman catholick ) i can hardly see . which being so , and so no question but it was , either the church must continue withou●●eformati●n , or el●e it must be lawfull for national pa●ticular churches to reform themselves . in such a case the church ●ay be reformed per partes , part after part , province after province , as is said by gerson . but i do not me●● 〈◊〉 trouble you with this dis●●●● . 〈…〉 may reform themselves by national or provincial coun●●ls , 〈…〉 church generall will not do it , or that it cannot be effected by a general councel , hath been so fully proved by my lord of canterbury in his learned and elaborate discourse against fisher the iesuite , tha● nothing can be added unto so great diligence . but if it be objected , as you say it is , that national councels have a power of promulgation only , not of 〈◊〉 also : i answer first , that this runs crosse to all the current of antiquity , in which not only national but provincial councels did usually determine in the poin●● of faith , and these too of the greatest moment , as did that of anti●ch ; which if it were somewhat more then a national , was notwithstanding never reckoned for a general councel . i answer secondly as before , that for one heresie suppress●d in a general councel , there have been ten at least suppressed in national and provincial synods ; wich could not be in case they had no power of determination . and thirdly , that the articles or confession of the church of england are only declaratory of such catholick doctrines as were received of old in the church of christ , not introductory of new ones of their own devising ; as might be evidenced in particular , were this place fit for it . but what needs any proof at all , when we have confession ? for the archbishop of spalato ( a man as well studied in the fathers , as the best amongst them ) ingenuously acknowledged at the high commission , that the articles of this church were profitable , none of them heretical ; and that he would defend the honour of the church of england against all the world . and this he said at the very time of his departure , when his soul was gone before to rome , and nothing but his carkasse left behinde in england . the like avowed by davenport , or franciscus a sancta clara ( call him which you will ) who makes the articles of this church rightly understood according to the literal meaning , and not perverted to the ends of particular factions , to be capable of a catholick and orthodox sense : which is as much as could be looked for from the mouth of an adversary . so much as cost one of them his life ( though perhaps it will be said that he died in prison ) and the burning of his body after his death ; though he endevoured to save both by a retractation . so that in thi● case 〈◊〉 we have omni● bene , 〈◊〉 amisse in the proceedings of this church , with reference to the pope or a general councel . but you will say , that though we could not stay the calling of a general councel , which would have justified ●ur proceedings in the eyes of our adversaries ▪ it had been requisite even in the way of civil prudence to have taken the advice of the sister-churches , especially of those which were ●ngaged at the same time in the same designs : which would have add●d r●putation to us in the eyes of our friends . as for the taking counsel of the sister-churches , it hath been t●uch●d upon ●lready , and there●ore we shall say no more as t● that particular : unlesse the sister-churches of these later tim●● had b●en like the believers in the infancy of the ch●istian faith , when they were all of one heart and one soul , as the scripture hath it , act. 4. their couns●ls had been 〈◊〉 , if not destructive . 't is true inde●d , united councel● are the stronger and of greater weight , and not to be neglected wh●re they may be had ; but where they are not to be had , we ●ust act without them . and if we look into the time of our reformation , we shall finde those that were engaged in the same design , divided into obstinate parties ; and holding the names of luther and zuinglius in an higher estimate then either the truth of the opinion in which they differed , or the common happinesse of the church so disturbed between them . the breath not lessened , but made wider by the rise of calvin , succeeding not long after in the fame of zuinglius : besides , that living under the command of several princes , and those prince● driving on to their several ends ; it had been very difficult , if not impossible to draw them unto such an harmony of affections , and consent in judgement , as so g●eat a businesse did require . so that the church of england was necessitated in that conjuncture of affairs to proceed as it did , and to act that single by it self , which could not be effected by the common councels , and joynt concurrence of the others . 't is true , melanchthon was once coming over in king henries daies , but st●id his journey on the death of q●een anne bullen , and that he was after sent f●r by king edward the sixth ( regis literi● in angliam vocor ) as he affirms in an epistle unto camerarius , anno 1553. but he was staid at that time also on some other occasion , though had he come at that time he had come too late to have had any hand in the reformation , the articles of the church being passed , the liturgie reviewed and setled in the year befor● . and 't is as true that calvin offered his assistance to archbishop cranmer , for the reforming of this church ; si quis mei usus esset , as his own words are , i● his assistance were thought n●edfull to advance the work . but cranmer knew the man ▪ and refused the offer ; and he did very wisely in it . for seeing it impossible to unite all parties , it had been an imprudent thing to have closed with any . i grant indeed th●t martin bucer and p●ter martyr ( men of great learning and esteem , but of different judgements ) were brought over hither , about the beginning of the reign of k edward 6. the one of them being placed in oxford , the other in cambridge ; but they were rather entertained as private doctors to m●derate in the chairs of those . universities , then any waies made use of in the reformation . for as the ●i●st liturgie which was the main key unto the work , was framed and setled before either of them were come over ; so bucer died , before the compiling of the book of articles , which was the acc●mplishment thereof : nor do i finde that peter martyr was made use of otherwise in this weighty businesse , then to make th●t good by disputation , which by the clergy in their synods or convocations was agreed upon . by means whereof the church proceeding without reference to the different interesses of the neighbouring . churches , kept a conformity in all such points of government and publ●q●e order with the church of rome , in which that church had not forsaken the clear tract of the primitive times : retaining not only the episcopall government , with all the concomitants and adjuncts of it , which had been utterly abolished in the zuinglian churches , and much impaired in power and jurisdiction by the luth●rans also : and keeping up a liturgie or set form of worship , according to the rites and usages of the primitive times , which those of the 〈◊〉 congreg●●io●s would not hearken to . god certainly h●d so disposed it in his heavenly wisdome , that so this church without respect unto the names and dictate● of particular doctors , might found its reformation on the prophets and apostles only , according to the explications and traditions of the ancient fathers : and being so founded in it self , without respect to any of the differing parties , might in succeeding ages sit as judge between th●m ; as being more inclinable by her constitution to mediate a peace amongst them then to espouse the quarrel of ei●her side , to the popes authority on the one side , or on the other side . and though spal●to in the book of his retractations , which he cals consilium re●eundi , objects against u● : that besides the publick articles and confession authorised by the churches , we had embraced some lutheran and calvinian fancies ( multa lutheri & 〈◊〉 dog●ata , so his own words run ) yet this was but the 〈◊〉 of particular men , not to be charged upon the church as maintaining either . the church is constant to her safe and her first conclusions , though many private men take liberty to imbrace new doctrines . 4. that the ch●rch did not innovate in translating the scripture● and the publick liturgie into vulgar tongues ; and of the consequents thereof in the church of england . the next thing faulted ( as you say ) in the reformation , i● the committing so much heavenly treasure to such rotten vessels , the trusting so much excellent wine to such musty bottles : i mean the versions of the scriptures and the publick liturgies into the usual languages of the common people , and the promiscuous liberty indulged them in it . and this they charge not as an innovation simply , but as an innovation of a dangerous consequence ; the sad effects whereof we now see so clearly . a charge wich doth alike concern all the pr●testant and reformed churches , so that i should have passed it over at the present time , but that it is made our● more specially in the application ; the sad effects which the enemy doth so much insult in being said to be more visible in the church of england , then in other place● . this makes it our● , and therefore here to be considered , as the former were . first then they charge it on the church as an innovation , it being affirmed by bellarmine in his 2. book de verbo dei , cap. 15. ( whether with lesse truth or modesty , it is hard to say ) vniversam ecclesiam semper his tantum linguis , &c. that in the universal church in all times foregoing the scriptures were not commonly and publickly read in any other language but in the hebrew , greek , and latine : this is ( you se● ) a two-edged sword , and strikes not only against all transla●i●ns of the scriptures into vulgar languages for comm●n use , but against reading those translation● publickly 〈…〉 part o● the liturgie , in which are many things as the cardinal tel● u●quae secreta esse debent , which are not fit to be made known to the common people . this is the substance of the charge , and herein we joyn issu● in the usual form with absque hoc , sans ceo , no such matter really ; the constant current of antiquity doth affi●m the contrary : by which it will appear most plainly that the church did neither innovate in this act of hers , nor d●via●e therein f●om the word of god , or from the usage of the best and happiest times of the church of christ . not from the word of god , there 's no doubt of that , which was committed unto writing that it ●ight be read , and read by all that were to be directed and guided by it . the scriptures of the old testament fi●st writ in hebrew , the vulgar language of that people , and read unto them publickly on the sabbath dai●s , as appears clearly act. 13. 15. & 15. 21. translated afterwards ( by the cost and care of ptolemy philadelphus king of egypt ) into the greek tongue , the most known and studied language of the e●stern world . the n●w testament first w●it in gr●ek for the self-same reason , ( but that st. matthew'● gospel i●●ffirmed by some learned men to have been written in th●hebrew ) and written to thi● end and purpose , that men might believe t●●t iesvs is the christ t●e son of god , and that believing t●ey might have use in his name , joh. 20. vers. ult. but being that all the faithfull did not understand these languages , and that the light of h●ly scripture might not be likened to a candl● hidden under ●●ushel : it wa● thought good by many ●odly men in the p●i●itive tim●s to translate the same into the ●an●uag●s of the countreys in which th●● lived , or of the which th●● had been na●ives . in which respect s chrysostome then banished in●o armenia , translated the new testament , and the p●alms of david , into the language of that people ; s. hierom a pannonian born , translated the whole bible into the dalmatick tongue , as vulphilas bishop of the go●hes did into the g●thick ▪ all which we finde together without fu●ther search , in the bibliotheque of sixtus senensis , a learned and ingenu●us man but a pontifician , and so lesse partial in this cause . the like done h●re in england by the care of athelstan causing a translation of the saxon tongue ; the like done by method●us , the apostle gen●r●l of the sclaves , translating it into the sclavonian for the use of those nations : not to say any thing of the syriack , aethiopick , arabick , the pe●sian , and chaldaean versions , of which the times and authors are not so well known . and what i pray you , is the vulgar or old latine edition , ( of late times made authentick by the popes of rome ) but a translation of the scriptures out of greek and hebrew for the ins●ruction of the roman and italian nations , to whom the latine at that time was the vulgar tongue ? and when that tongue by reason of the breaking in of the barbarous nations was worn out of knowledge , ( i mean as to the common people ) did not god stir up iames , archbishop of genoa , when the times were darkest ( that is to say , anno●290 . or the●eabouts ) to give some light to them by translating the whole bible into the italian , the modern lan●u●ge of that countrey ? as he did wi●lef not long after , to translate the same into the english of those times , ( the saxon tongue not being then commonly underst●od ) a copy of whose version in a fair velom manuscript i have now here by me , by the gift of my noble friend charles dymoke , hereditary champion to the kings of england . so then it is no innovation to translate the scriptures ; and lesse to suffer these translations to be promiscuously read by all sorts of people : the scripture being as well milk for babes , as strong meat for the man of more able judgement . why else doth the apostle note it as a commend●ble thing in timothy , that he knew the scriptures from his childhood ? and why else doth s. hierom speak it to the honour of the lady paula , that she made her maids learn somewhat daily of the holy scriptures ? why else does chrysostome call so earnestly on all sorts of men to provide themselves of the holy bibles , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , the only physick for the soul , as he cals it there : inviting to the reading thereof not only men of learning and publick businesse ; but even the poor artificer also , as is acknowledged by senensis whom before we mentioned . and why else doth s. augustine inform his auditors , that it sufficeth not to hear the scriptures read in the congregation , unlesse they read also in their private ho●ses . assuredly if boyes and girles , if servants and artificers are called upon so earnestly to consult the scriptures , t● have them in a tongue intelligible to them in their private fa●ilies ; and are commended for so doing as we see they are : i know no rank of men that can be excluded . let us next see whether it be an innovation in the church of christ , to have the li●urgies or comm●n-prayers of the chu●ch in the tongue generally understood by the comm●n people , which make the greatest number of all church assemblies . and first we finde by the apostle not only that the publick praye●s of the church of c●rinth , were celebrated in a language which they understood ; but that it ought to be so also in all other churches , except ( saith he ) ye utter by the voice words easie to be understood , how shall it be known what is spoken ? how shall he that occupieth the room of the unlearned say ame●to thy giving of thanks ( and consequently to thy prayers also ) if he understand not what thou sayest ? 1 cor. 14. 9. 16. what say the papists unto this ? do not both lyra and aquinas expresly grant in their commentaries on this place of scripture , that the common service of the church in the primitive times was in the common vulgar language ? is not the like affirmed by harding in his answer to bishop iewels challenge , art. 3. sect. 28. adding withall , that it was necessary in the primitive times that it should be so ; and granting that it were still better that the people had their service in their own vulgar tongue for their better understanding of it ? sect. 33. having thus confitentes reos , we need seek no further , and yet a further search will not be unprofitable . and on that search it will be found that the converted iewes did celebrate their divin● offices ( ●ractatus & oblationes , as the father hath it ) most commonly in the syriack , and sometimes in the hebrew tongue ; the natural ●anguages of that people : as is affirmed by s. ambr●se in 1. ad cor. cap. 14. and out of him by durand in his r●ti●n●le divinorum . eckius a great stickler of the popes , affirmeth in his common places , that the indians have their service in the indian tongue ; and that s. hierome having translated the whole bible into the d●lmatick , procured that the service sh●uld be celebrated in that language also . the like s. h●erome himself in his epistle to heliodorus , hath told us 〈◊〉 the bessi a sarmation people : the like s. basil in his epistle to the ne● caesareans , assures us for the aegyptians , libyans , palestinians , phenicians , arabians , syrians , and such as dwell about the b●nks of the river euphrates . the aethiopians had their m●ssal , the chaldeans theirs ; each in the language of their countryes , which they still retain : so had the m●scovites of old , and all the scattered churches of the eastern parts , which they continue to this day . but nothing is more memorable in this kinde then that which aenaeas silvius tels of the sclavonians , who being converted to the faith made suite unto the pope to have the publick service in their natural tongue : but some delay being made therein by the pope and cardinals , a voice was heard , seeming to have come from heaven , praying , omnis spiritus laudet dominum , & omnis lingua con●iteatur ei : whereupon their desires were granted without more dispute . touching which grant there is extant an epistle from pope iohn the 8. to sfentopulcher king of the moravian selaves , anno 888. at what time both the latine service and the popes authority were generally received in those parts of europe . which letter of pope i●hn the 8. together with the story above mentioned , might probably be a chief inducement to innocent the 3. to set out a decree in the lateran councel , importing that in all such cities in which there was a concourse of divers nations , and consequently of different languages , ( as in most towns of trade there doth use to be ) the servi●e should be said , and sacraments administred , secundum diversitates nationum & linguarum , according to the difference of their tongues and nations ▪ and though pope gregory the 7. a turbulent and violent man , about 200 years af●er the concession made by iohn the s. in his letter to vratislaus king of bohemia , laboured the cancelling of th●t priviledge , and possibly might prevail therein as the ●imes then were : yet the liburnians , and dalmatians , two sclavonian nations , and bordering on italy ( the popes proper seat ) do still enjoy the benefit of that indulgence , and celebrate their liturgie in their own language to this very day . so that the wonder is the greater that those of rome should stand so stifly in defence of the latine service , which the common people understand not , and therefore cannot knowingly , and with faith say amen unto it . for though the latine tongue was vulgar in a manner to those western nations , amongst whom the latine service was first received , and for that cause received because vulgar to them : yet when upon the inundation of the barbarous nation , the latine tongue degenerated into other languages , as in france , italy , and spain ; or else was quite worn out of knowledge as in britain , belgium , and some parts of the modern germany , in which before it had been commonly understood ; it was both consonant to piety and christian prudence ▪ that the language of the common liturgies should be altered also . the people otherwise either in singing david's psalmes , or repeating any parts of the daily office , must needs be like those romans or italians which s. ambrose speaks of ; who loved to sing greek songs by rote ( as we use to say ) out of a meer delight which they had to the sound of the words ; nescientes tamen quid dicant , not understanding one word which they said or sung . the blame and guilt of innovation being taken off , we must next examine the effects and dangerous consequents ; more visibly discerned at this time in the church of england , then was or could have been believed when they were first intimated . amongst these they reckon in the first place the increase of heresies , occasioned by the mistaking of the true sense and meaning of the holy scripture ; and to that end it is said by bellarmine , that the people would not only receive no good by having the scripture read publickly unto them in their national languages , sed etiam caperet detrimentum , but on the contrary are like to receive much hurt . however , acciperet facillime occasionem errandi : because thereby they would most easily be led into errors : which gave occasion unto some ( as he tels as there ) to call the scripture librum haereticorum , the hereticks book . so he in his 2. book and 15. chapter , de verbo dei . the like saith harding in his answer to bishop iewel's challenge , art 3. sect. 31. the nations ( saith he ) that have ever had thei service in the vulgar tongue ( where note that some nations never had it otherwi●e ) have continued still in errors , schisms , and certain judaical ceremonies , &c. in the next place they ●eckon this , that by permitting scripture and the publick liturgies to be extant in the vulgar tongues , all men would think themselves divines , and 〈◊〉 authority of the prelates would be disesteemed ; so harding in his answer to iewels apologie . l 5. fol. 460. that the people not content with hearing or 〈◊〉 the holy scripture , would first take upon them to be expositors , and at last to be preachers also , which in effect is that which is charged by bellarmine . and for this last , the present distempers and consusions in the church of england ( out of which they suck no small advantage ) gives them great rejoycing , as seeing their predictions so exactly verified . in answer to the first we need say no more , then that there have been sects and heresies in all times and ages : never so many as in the first ages of the church ( witnesse the catalogue of s. augustine , philastrius , and epiphanius ) in which the scripture was translated into fewer languages then it is at the present . 2. that this is no necessary effect of such translations ( for we see few new heresies started up of late in france or germany , where such translations are allowed of ) but a meer possible contingency , which 〈◊〉 may be or may not be , as it pleaseth god to give or to withdraw his grace from a state or nation . and 3. that as according to the divine rule of the apostle , we must not do a thing positively evil , in hope that any good , how great soever , may come of it : so by analogie thereunto , we must not debar the people of god from any thing positively good , for fear that any contingent mischief may ensue upon it . but of this i shall not say more now , as being loth to travel on a common place . the point hath been so canvassed by our controversors , that you may there finde answers unto all objections . that which doth most concern me to consider of , is the second consequent , because it doth relate more specially then the other did to the present condition and estate of the church of england . although the charge be general and equally concerning all the protestant and reformed churches : yet the application makes it ours , as before i said , and as ours , properly within the compasse of my present design . and though i will not take upon me to advocate for the present distempers and confusions of this w●etched church ( which no man can lament with a greater tendernesse , or look on with more indignation then i do , and i think you know it ) : yet i must tell you that it is neither novum crimen c. caesar , nor ante haec tempora inauditum , for those of the inferiour sort to take upon them the inquiry into sacred matters , to turn expositors 〈◊〉 〈◊〉 , as the spirit of delusion moves them . the people have had an itch this way , i● all times and ages . the satyrist thus complained of it amongst the heathens ; — ecce inter pocula quaerunt romulides satu●i , quid dia poema●a narrant . that is to say , the wel-●ed romans in their cups , do sit and judge of things contain'd in holy writ . and the apostle doth complain of it among the christians , where he informes us of some ignorant and unstable men , which wrested some ha●d places of s. pauls epistles , as they also did the other scriptures , to their own destruction , 2 pet. 3. 26 and wrest them so they could not ( i am sure of that ) did they not take the liberty of expounding also . look lower to s. basils time , when learning did most flourish in the church of christ , and we shall finde the emperors cook ( or the clerk of his kitchen at the best ) as busily dishing out the scriptures , as if it were no more then serving up his masters diet from the kitchin-hatch : paid home by that good father for his over-great sawcinesse , with this handsome scoffe , tuum est de pulmento cogitare , non divind decoquere , that it belonged unto his office to provide good pottage for the court , not to cook the scriptures . but this was not the folly only of this master cook , who perhaps ( though better fed then taught ) might now and then have carried up the chaplains messe , and having heard their learned conferences and discourses , was apt enough to think himself no small fool at a joynt of divinity . that whole age was extremely tainted with the self-same p●●cancy ; of which s. hierome in his epistle to paulinus makes this sad complaint . whereas ( saith he ) all other sciences and trades have their several and distinct professors , sola scripturarum ars est quam omnes passim sibi vendicant ; only the art of opening or rather of undoing a text of scripture , ( as the phrase is now ) was usurped by all : hanc garrula anus , hanc delirus senex , &c. the pratling gossip and the doting sire , the windy sophister , and in a word , all sorts of people do presume upon , dismembring the body of the scriptures , and teaching others before they have learnt any thing that is worth the teaching . some with a supercilious look , speaking big words discourse of holy scripture amongst silly women : others ( the more the shame ) learn that of women which afterwards they may teach to men , and some with no small volubility of tongue , and confidence , teach that to others which they never understood themselves : not to say any thing of those who having a smack of humane learning , and coming so prepared to handle the holy scriptures , do with ent●c●ng words feed the ears of the people , bearing their auditors in hand quicquid dixerint legem dei esse , that whatsoever they deliver is the word of god , nor will vouchsafe to learn what the prophets and apostles do conceive of the matter , but very incongruously produce some testimoni●s out of holy writ to make good their corrupt imaginations ; as if it were an excellent , not a pernicious way of teaching , to wrest the sense of holy scripture , and thereby to accommodate it to their present purposes ! hath not the father given us in this place and passage a most excellent mirrour , wherein to see the ill complexion of the present times ? doth not he set them forth in such likely colours , as if he rather did delineate the confusions of the present age , then lament the miseries of his own ? may not both factions see by this , what a condition the poor church of england is involved in by them ? the sight whereof although it justifie them not in their several courses , as being not without example in their present practises ) : yet it may serve to let you know that as the distractions and confusions under which we suffer , are not the consequents of our translating of the scriptures and publick liturgies into the common vulgar tongues , so ●t is neither ●ew no● stran●e that such confusions and distractions should befall the church . 5. that the proceedings of this church in setting out the english liturgie , were not meerly regal ; and of the power of soveraign princes in ecclesiastical affairs . having thus proved that nothing hath been done amisse by the church of england , with reference to god● word , the testimonies of godly fathers , and the usage of the primitive times , in leaving off the latine service , and celebrating all divine offices in the english tongue : i am to justifie it next , in order to the carrying on of that weighty businesse , whether so regular or not , as we fain would have it . i see you are not scrupled at the subject-matter of the common-prayer-book , which being translated into greek , latine , french , and spanish , hath found a general applause in most parts of christendome ; no where so little set by as it is at home . all scruples in that kinde have been already fully satisfied by our learned hooker , who hath examined it per partes , and justified it in each part and particular office . but for the greater honour of it take this with you also , which is alledged in the conference of hampton court , touching the marquesse of rhosny ( after duke of sally and lord high treasurer of france ) who coming ambassador to king iames from henry the 4. and having seen the solemn celebration of our service at cante●bury , and in his majesties royall chappels , did often and publickly affirm , that if the reformed churches in france ●ad 〈◊〉 the same orders as were here in e●gland , he was assured there would ha●e been many thousand protestants in that kingdome more then were at that time . that which you seem to stick at only is in the way and manner of proceeding in it : which though you finde by perusal of the papers which i sent first unto you , not to have been so parliamentarian as the papists made it ; yet still you doubt whether it were so regular and canonical as it might have been . and this you stumble at the rather , in regard that the whole body of the clergy in their convocation , had no hand therein , either as to decree the doing of it , or to approve it being done ; but that it was resolved on by the king ( or rather by the lord protector in the kings minority ) with some few of the bishops ; by which bishops and as small a number of learned church-men , being framed and fashioned , it was allowed of by the king , confirmed or imposed rather by an act of parliament . your question hereupon is this , whether the king ( for his acting it by a protector doth not change the case ) consulting with a less●r part of his bishops and clergy , and having their consent therein , may conclude any thing in the way of a reformation , the residue and greatest part not advised withall , nor yeelding their consent unto it in a formal way . this seems to have some reference to the scottish liturgie ( for by your letter i perceive that one of the chief of your objectors is a divine of that nation ) and therefore it concerns me to be very punctual in my answer to it . and that my answer may be built on the surer ground , it is to be consid●red , first wh●ther the reformation be in corruption of manners , or abuses in government , whether in matters pr●ctical , or in points of doctrine . 2. if in matters practical , whether such practise have the character of antiquity , vni●ersality , and consent , imprinted on it ; or that it be the practise of particular churchs , and of some times only . and 3. if in points of doctrine , whether such points have been determined of before in a general councel , or in particular councels universally received and countenanced ; or are to be defined de novo on emergent controversies . and these disti●ctions being laid , i shall answer briefly . first , if the things to be reformed be either corruptions in manners , or neglect of publick duties to almighty god , abuses either in government or the parties governing : the king may do it of himself by his sole authority . the clergy are beholding to him , if he takes any of them along with him when he goeth about it . and if the times should be so bad , that either the whole body of the clergy or any ( though the greatest ) part thereof should oppose him in it ; he may go forwards notwithstanding , punishing such as shall gainsay him in so good a work , and compelling others . and thi● i look on as a power annexed to the regal diadem , and so inseparably annexed , that kings could be no longer kings if it were denied them . but hereof we have spoke already in the first of this section , and shall speak more hereof in the next that followes . and on the other side , if the reformation be in points of doctrine , and in such points of doctrine as have not been before defined , or not defined in form , and manner as before laid down : the king only with a few of his bishops and learned clergy ( though never so well studied in the point disputed ) can do nothing in it . that belongs only to the whole body of the clergy in their convocation rightly called and constituted ; whose acts being ratified by the king , binde not alone the rest of the clergy in whose names they voted , but all the residue of the subjects of what sort soever , who are to acquiesce in their resolutions . the constant practise of the church , and that which we have said before touching the calling and authority of the convocation , makes this clear enough . but if the thing to be reformed be a matter practical , we are to look into the usage of the primitive times . and if the practise prove to have been both ancient and universally received over all the church , though intermitted for a time and by time corrupted : the king consulting with so many of his bishops and others of his most able clergy , as he thinks fit to call unto him , and having their consent and direction in it ; may in the case of intermission revive such practise , and in the case of corruption and degeneration restore it to its primitive and original lustre , whether he do it of himself , of his own meer motion , or that he follow the advice of his councel in it ; whether he be of age to inform himself , or that he doth relie on those to whom he hath committed the publick government ; it comes all to one : so they restrain themselves to the ancient patterns . the reformation which was made under iosias , though in his minority and acting by the counsel of the elders as iosephus telleth us , antiqu ▪ iud 1. cap. was no lesse pleasi●g unto god , nor lesse valid in the eyes of all his subjects ; then those of ieh●saphat and h●zekiah in their riper years , and perhaps acting ●i●gly on the str●ngth of their own judgements only with●ut any advice . now that there should be liturgies for the use of the church , that those liturgies sh●uld be celebrated in a language understood by the people : that in those liturgi●s there should be some prescribed formes for giving the communion in both kindes , for baptizing infants , for the reverent celebration of marriage , performing the last office to the sick and the decent burial of the dead , as also for set feasts and appointed festivals ; hath been a thing of primitive and general practise in the christian church . and being such , though intermitted or corrupted , as before is said , the king advising with his bishops and other church●men ( though not in a synodical way ) may cause the same to be revised and revived : and having fitted them to edification and increase of piety either commend them to the church by his sole authority , or else impose them on the people under certain penalties by his power in parliament . saepe coeleste regnum per terrenum proficit . the kingdome of heaven ( said reverend isidore of sevil ) doth many times receive increase from these earthly kingdomes ; in nothing more then by the regulating and well ordering of gods publick worship . we saw before what david did in this particular allotting to the priest the courses of their ministration , appointing hymns and songs for the iewish festivals , ordaining singing-men to sing , and finally prescribing vestments for the celebration . which what else was it but a regulating of the worship of god , the putting it into a sol●mn course and order , to be observed from time to time in succeeding ages ? sufficient ground for christian princes to proceed on in the like occasions : especially when all they do is rather the reviving of the ancient formes then the introduction of a new . which as the king did here in england by his own authority , the body of the clergy not consulted in it ; so possibly there might be good reason , why those who had the conduct of the kings affairs , thought it not safe to put the managing of the businesse to a convocation . the ignorance and superstition of the common people was at that time exceeding profitable to the clergy , who by their frequent masses for the quick and dead rais●d as great advantage , as demetrius and the silver-smith by dianas shrines . it hapned also in a time when many of the inferiour clergy had not much more learning then what was taught them in the missals and other rituals , and well might fear that if the service were once extant in the english tongue , the laity would prove in time as great clerks as themselves . so that as well in point of reputation , as in point of p●ofit , ( besides the love which many of them had to their former mumps●mus ) it was most probable that such an hard piece of reformation would not easily down , had it been put into the power of a convocation : especially under a prince in nonage , and a state unsetled . and yet it was not so carryed without them neither , but that the bishops generally did concur to the confirmation of the book ( or the approbation of it rather ) when it passed in parliament : the bishops in that time and after , ( till the late vast and most improvident increase of the lay-nobility ) making the most considerable , if not the greatest part of the house of peers ; and so the book not likely to be there allowed of , without their consent . and i the rather am inclined unto that opinion , because i finde that none but tunstall , gardiner and bonner were displaced from their bishopricks , for not submitting in this case to the kings appointments ; which seems to me a very strong and convincing argument , that none but they dissented or refused conformity . adde here , that though the whole body of the clergy in their convocation were not consulted with at first ( for the reasons formerly recited ) yet when they found the benefit and comfort which redounded by it to good christian people , and had by little and little wean●d themselves from their private interesses , they all confirmed it on the post-fact : passing an article in the convocation of the year 1552. with this head or title , viz. agendum esse in ecclesia lingua quae sit populo nota , which is the 25. article in king edwards book . lay all that hath been said together , and the result of all will be briefly this , that being the setting out of the liturgie in the english●ongue was a matter practical agreeable to the word of god and the primitive tim●s ; that the king with so many of his bishops and others o● the clergy as he pleased to call to counsel in it , resolved 〈◊〉 on the doing of it ; that the bishops generally confirmed it when it came before them , and that the whole body of the clergy in their convocation ( the book being then under a review ) did avow and justifie it : the result of all i say is this , that as the work it self i say was good , so it was done not in a regal but a regular way , kings were not kings if regulating the external parts of gods publick worship according to the platformes of the primitive times , should not be allowed them . but yet the kings of england had a further right as to this particular , which is a power conferred upon them by the clergy ( whether by way of recognition or concession , i regard not h●re ) by which they did invest the king with a supreme au●hority not only of confirming their synodical acts not to be put in ex●cution without his consent ; but in effect to devolve on him all that power , which firmly they enjoyed in their own capacity . and to this we have a paralled case in the roman empire , in which there had b●●n once a time when the supreme majesty of the s●ate was vested in the senate and people of rome , till by the law which they called lex regia , they transferred all their power on caesar , and the following emperors . which law being passed , the edicts of the prince or emperor was as strong and binding as the senatus consulta and the pl●bis●ita had been before . whence came that memorable maxim in iustinians iustitutes ; that is to say , quod principi placuerit legis habet vig●rem . the like may be affirm●d of the church of england , immediately before , and in the reign of k. henry 8. the clergy of this realm had a self-authority in all matters which concerned religion , and by their canons and determinations did binde all the subjects of what rank soever , till by acknowledging that king for their supreme head , and by the act of submission not long after foll●wing , they transferred that power upon the king , and on his successo●s : by do●ng wher●of they did not only di●able themselves from concluding any thing in their convocations , or pu●ting ●heir results into execution without his con●ent ; but put him into the actual p●ssession of that authori●y which properly be●onged to the supremacy , or the supreme head , in as ●ull manner as 〈◊〉 the p●pe of rome , or any d●l●gated by and under him did before enjoy it . after which 〈◊〉 , whatsoever the king or his successors did in the r●form●tion , as it had vertually the power of the convocations ; so was it as effectual and go●d in law , as if the clergy in their c●nvocation particularly , and in terminis , had agreed upon it . not that the king or his successors were hereby enabled to exercise the k●i●s , and determine heresies , much lesse to 〈◊〉 the word ●nd administer the sacrament● , as the papists ●alsly gave it out ; but as the heads of the ecclesiastical body of this realm , to see that all the members of that body 〈◊〉 perform their duties , to rectifie what was found amisse amongst them , to preserve peace between them on emergent differences , to reform such errors and corruptions as are expresly contrary to the word of god ; and finally , to give strength and motions to their councels and determinations , tending to edification and increase of piety . and though in most of their proceeding● toward reformation , the ki●gs advised with such bishops as they had about them , or could ass●mble without any great trouble or inconvenience , to advise wit●all ; yet was there no nec●ssity , that all or the greatest part● of the bishops should be drawn together for that purpose , no more then it was anciently in the primitive times for the godly emperors to c●ll together the most part of the bishops in the roman empire , for the ●st●blishing of the matters which com●erned the church , or for the godly kings of iudah to call together the greatest part of the priests and levites , before they acted any thing in the reformation of those corruptions and abuses which were cr●pt in amongst them . which being so ; and then with●●l considering as we ought to do , that there was nothing a●tered here in the state of r●ligion , till either the whole clergy in their 〈…〉 the b●shops and most eminent church-men had resolved upon it ; our religion is no more to be called a regal then a parliament-gospel . 6 ▪ that the clergy lost not any of their just rights by the act of submission , and the p●wer of calling and confirming councels did anciently belong to the christian princes . if you conceive that by ascribing to the king the supreme authority , taking him for their supreme head , and by the act of submission which ensued upon it , the clergy did unwittingly ensnare themselves , and drew a vas●allage on these of the times succeeding , inconsistent with their native rights , and contrary to the usage of the primitive church : i hope it will be no hard matter to remove that scruple . it 's true the clergy in their convocation can do nothing now , but as their doings are confirmed by the kings authority , and i conceive it stands with reason ( as well as point of state ) that it should be so . for since the two houses of parliament , though called by the kings writ , can conclude nothing which may binde either king or subject , in their civil rights , untill it be made good by the royal assent ; so neither is it ●it nor safe , that the clergy should be able by their constitutions and synodical acts , to conclude both prince and people in spiritual matters , untill the stamp of royal authority be imprinted on them . the kings concurrence in this case devesteth not the clergy of any lawful power which they ought to have , but restrains them only in the exercise of some part thereof , to make it more agreeable to monarchical government , & to accommodate it to the benefit both of prince and people . it 's true the clergy of this realm can neither meet in convocation , nor conclude any thing therein , nor put in execution any thing which they have concluded , but as they are enabled by the kings authority . but then it is as true withall , that this is neither inconsistent with their native rights , nor contrary unto the usage of the primitive times . and first it is not inconsistent with their native rights , it being a peculiar happinesse of the church of england to be alwaies under the protection of christian kings ; by whose encouragement and example , the gospel was received in all parts of this kingdome . and i● you look into sir henry spleman's collection of the saxon councels , i believe that you will hardly finde any ecclesiastical canons for the government of the church of england , which were not either originally promulgated , or after approved and allowed of either by the supreme monarch of all the saxons , or by some king or other of the several 〈◊〉 , directing in their national or provincial synods . and they enjoyed this prerogative without any dispute after the norman conquest also , till by degrees the pope ingrossed it to himself ( as before was shewn ) and then conferred it upon such as were to exercise the same under his authority : which plainly manifests that the act of su●mission so much spoke of , was but a changing of their dependance from the pope to the king , from an usurped to a lawful power , from one to whom they had made themselves a kinde of voluntary slaves , to him who justly challenged a natural dominion over them ; and secondly , that that submission of theirs to their natural prince , is not to be considered as a new concessi●n , but as the r●cognition only of a former power . in the next place i do not finde it to be contra●y to the usage of the primitive times . i grant indeed that when the church was under the command of the heathen emperor● , the clergy did assemble in their national and provincial synods of their own authority : which councels being summoned by the metropolitans , and subscribed by the clergy , were of sufficient power to binde all good christians who lived within the verge of their jurisdiction . they could not else assemble upon any exigence of affai●s but by such authority . but it was otherwise when the church came under the protection of christian princes : all emperors and kings from constantine the great ( till the pope carried all before him in the darker times ) accompting it one of the principal flowers , ( as indeed it was ) which adorned their d●adems . i am not willing to beat ●n a common place . but if you please to look into the acts of ancient councels , you will finde that all the general councels ( all which deserve to be so called , if any of them do deserve it ) to have been summoned and confirmed by the christian emperors , that the c●uncel of arles was called and confirmed by the emperor constantine , that of sardis by constans , that of lampsacus by valentinian , that of aqui●eia by theodosius , that of the●●al●nica ( national or provincial all ) by the emperor gratian : that when the western empire fell into the hands of the french , the councels of a●on , ment● , meld●n , wormes , and colen received both life and motion ●●om charles the great and his successors in that emp●re ; it being evident in the records of the gallican church , that the opening and confirming of all their councels not only under the caroline but under the merovignean family , was alwaies by the power , & sometimes with the presidence of their kings and princes , as you may finde in the collections of lindebrogius , and sirmondus the iesuite : and finally that in spain it self ( though now so much obnoxious to the papal power ) the two at bracara , and the ten first holden at toledo , were summoned by the writ and mandate of the kings thereof . or if you be not willing to take this pains , i shall put you to a shorter and an easier search ; referring you for your better information in this particular to the learned sermon preached by bishop andrewes at hampton court , anno 1606. touching the right and power of calling assemblies , or the right use of the trumpets . a sermon preached purposely at that time and place for giving satisfaction in that point to melvin and some leading men of the scotish puritans , who of late times had arrogated to themselves an unlimited power of calling and constituting their assemblies without the kings cons●nt and against his will . as for the vassallage which the clergy are supposed to have drawn upon themselves by this submission , i see no fear or danger of it as long as the two houses of parliament are in like condition ; and that the kings of england are so tender of their own prerogative , as not to suffer any one body of the subjects to give a law unto the other without his consent . that which is most insisted on for the proof hereof , is the delegating of this power by king henry the 8. to sir thomas cromwell ( afterwards earl of essex and lord high chamberlain ) by the name of his vicar general in ecclesiastical matters : who by that name p●esided in the convocation , anno 1536. and acted other things of like nature in the years next following . and this ( especially his presiding in the convocation ) is looked on both by sanders and some protestant doctors , not only as a great debasing of the english clergie ( men very learned for those times ) but as deforme satis spectacu●um , a k●nde of monstrosity in nature . but certainly those men forget ( though i do not think my self bound to justifie all king harr●es actions ) that in the councell of cha●●●don ▪ the emperor apointed certain noble-men to ●it as judges , whose names occurre in the first action of that councell . the like we finde exemplified in the ephesine councell , in which by the appointment of theod●sius and valentinian then roman emp●rours , candidianus , a count imperiall , ●ate as judge o● president ; who in the managing of that trust over acted any thing that cromwell did , or is objected to have been done by him as the kings commissioner . for that he was to have the first place in those publick meetings as the kings commissioner , or his vicar-general , which you will , ( for i will neither trouble my self nor you with disputing titles ) the very scottish presbyters , the most rigid sticklers for their own pretended ( and but pretended ) rights which the world affords , do not stick to yeeld . no va●●allage of the clergy to be ●ound in this , as little to be feared by their submission to the king as their supreme governour . thus sir according to my promise , and your expectation have i collected my remembrances , and represented them unto you in as good a fashion as my other troublesome affairs , and the distractions of the time would give me leave ▪ and therein made you see , 〈◊〉 my judgement fail not , that neither our king or parliaments have done more in matters which concern'd religion and the reformation of this church , then what hath formerly been done by the secular powers , in the best and happiest times of christianity ; and consequently , that the clamours of the papists and puritans both , which have disturbed you , are both false and groundlesse . which if it may be serviceable to your self , or others , whom the like doubts and prejudices have possessed or scrupled , it is all i wish : my studies and endevours aiming at no other end , then to do all , the service i can possibly to the church of god ; to whose graces and divine protection you are most heartily commended in our lord and saviour iesus christ , by sir , your most affectionate friend to serve you , peter heylyn . a briefe and moderate answer, to the seditious and scandalous challenges of henry burton, late of friday-streete in the two sermons, by him preached on the fifth of november. 1636. and in the apologie prefixt before them. by peter heylyn. heylyn, peter, 1600-1662. 1637 approx. 359 kb of xml-encoded text transcribed from 114 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp phase 1). a68174 stc 13269 estc s104014 99839755 99839755 4205 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a68174) transcribed from: (early english books online ; image set 4205) images scanned from microfilm: (early english books, 1475-1640 ; 1441:03, 1488:02) a briefe and moderate answer, to the seditious and scandalous challenges of henry burton, late of friday-streete in the two sermons, by him preached on the fifth of november. 1636. and in the apologie prefixt before them. by peter heylyn. heylyn, peter, 1600-1662. [32], 194, [2] p. printed by ric. hodgkinsonne; and are to be sold by daniel frere, dwelling in little-brittan, at the signe of the red-bull, london : 1637. a reply to "for god, and the king" and "an apology of an appeale" by henry burton. with a final errata leaf. a1, d4, and t1 are cancels in some copies. variant 1: first two leaves in another setting, with "challenge" in title. quire d is in two settings. d2r line 1 begins "adversary," or (variant 2) "adversary:". identified as stc 4158 on umi microfilm reel 1441. reproductions of the originals in the bodleian library and the henry e. huntington library and art gallery. appears at reel 1441 (bodleian library copy) and at reel 1488 (henry e. huntington library and art gallery copy). created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng burton, henry, 1578-1648. -for god, and the king -controversial literature. burton, henry, 1578-1648. -apology of an appeale -controversial literature. 2005-11 tcp assigned for keying and markup 2006-03 spi global keyed and coded from proquest page images 2007-03 ali jakobson sampled and proofread 2007-03 ali jakobson text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the preface , shewing . the occasion of this following answere , with somewhat of the storie of h. b. the principall argument thereof . amongst the severall commendations given unto charitie by saint paul , we find these particulars . charitie vaunteth not it selfe ; is not puffed up ; doth not behave it selfe unseemely ; seeketh not her own ; is not easily provoked : thinketh no evill : which if they be the certaine marks of charitie , as no doubt they are ; we may affirm it of too many in these later daies , that whatsoever faith they pretend unto , they have little charitie . such boasters are they of themselves , so arrogant , so unadvised in all their doings , so greedie either after lucre or vaine applause , so peevish and intemperate in their speech and writings , and finally so jealous and distrustfull of all those who concurre not with them in opinion : that though they had all faith , so that they could remove mountains , which i thinke they have not ; or should they give their bodies to be burned , as i thinke they will not ; it would profit nothing . of such , as these it was that s. peter tell 's us , that they are presumptuous , selfe-willed , and are not afraid to speake evill of dignities : of whom s. jude relates , that they were murmurers , complainers , walkers after their owne lusts , and that their mouth speaketh great swelling words . would you a further censure of them ? as naturall bruit beasts ( saith the apostle ) made to be taken and destroyed , they speake evill of the things they understand not , and shall utterly perish in their own corruption . these are the mockers of whom the apostles have foretold us , that they should come in the last times , and being come ; we must accordingly expect they should play their parts , and doe the will of him that sent them : and so they doe . the church continually traducea , as if she were unsound in her intentions towards christ ; as if there were a day at hand , in which the saints i. e. themselves , must be tryed and sifted . the prelates generally condemned , their cause un-heard , as factors for the mysticall strumpet in s. john's apocalypse , to make men drunken with the cup of her abhominations . and as for the inferiour clergie , which know no better sacrifice then obedience , and willingly submitte themselves unto the just commands of their superiors , what are they but the common markes whereat each furious malecontent doth shoot out his arrowes , even bitter words . nor hath the supreame majesty , the lords annointed escaped so cleere , but that they also have had part of those hard speeches , which these ungodly sinners have spoken against them , in saint judes language . antonij epistolae , brutique conciones , falsa quidem in augustum probra , sed multa , cum acerbitate habent , as he in tacitus . no times more full of odious pamphlets , no pamphlets more applauded , nor more deerely bought ; then such as doe most deeply wound those powers , and dignities , to which the lord hath made us subject . egregiam vero laudem , et spolia ampla . not to goe higher then the reigne of our now dread soveraigne , how have both church and state beene exercised by those factious spirits , layton , and prynne , and bastwick , the triumviri ▪ with h. burton the dictator , what noise and clamours have they raised ; what odious scandalls have they fastned on their reverend mother ? what jealousies & feares ( that i say no worse ) have they seditiously infused into peoples mindes ? and thereby turned those weapons on their mothers children , which might have beene employed more fitly on the common enemie . but when those of the triumvirate had received their judgement , layton and prynne in the starre-chamber , & bastwick in the high commission , the greatest comfort of the cause , did seeme to be intrusted to dictator burton : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a man in whom the element of fire had the most predominancie , which made that which is zeale in others , to be in him a zealous furie . the rather since he had deceived himselfe in his expectations , and swallowed down those hopes , he could not digest . that which hath heretofore made so many hereticks , occasioned his first dislike of the holy hierarchy . when once aerius lost his hopes of being made a bishop , as saint austin tells us ; he set on foot this peevish doctrine , presbyterum ab episcopo nulla ratione debere discerni , that by no meanes there was a difference to be made , betweene priests and bishops . and that once broached , there followed next , non celebranda esse jejunia statuta , sed cum quisque voluerit jejunandum ? that no set fasts were to be kept , but every man might fast when he would himselfe . this was the very case of our grand dictator . he had beene a servant in the closet to his sacred majestie , then prince of wales : and questionlesse being in the ascendent , he thought to culminate . but when he saw those hopes had failed him , and that by reason of his violent and factious carriage , he was commanded to depart the court , he thought it then high time to court the people ; that he might get in the hundreds , what he lost in the countie . this pincheth him it seemes , to this very day ; and he is so ingenious , ( which i wonder at ) as to let us know it . for in the epistle to his majestie before his sermon ( if at the least a rayling and seditious declamation may be called a sermon ) he stiles himselfe his majesties old and faithfull servant : and in the other to his majestie before the apologie he bemoanes himselfe , as an old out-cast courtier , worne out of all favour and friends there . hinc illae lachrymae ; hence the opinion of these quarrells . here he declares most plainly where his griefe doth lye ; what made him first flie out , and bend his thoughts , to foster and foment a faction : such is the humour of most men , whom the court casts out ; that they doe labour what they can , to out-cast the court. being thus entred and ingaged , hee found it necessary to acquaint himselfe with such as were affected like himselfe , and in their severall professions might best aide and helpe him : this made him picke out master prynne , an utter barrister of lincolns inne , for his learned counsaile : layton and bastwicke , two that had the name of doctors , to be physitians to his person : his doctors finding by some symptomes , which they had observed , that he was very fretfull , and full of choller , perswaded with him , either by preaching , or by writing to vent that humour : which otherwise for want of vent , would soone burne him up : his learned counsaile standing by , and promising that whatsoever he should write or say , hee would finde law for it . on this encouragement he beganne to cast abroad his wilde-fire , endeavouring nothing more than 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to raise combustions in the state : and like erostratus of old , seeing hee could grow famous by no other meanes , to burn downe the temple . the pulpit , first erected onely for preaching of the word of god , was by him made a sanctuary , or privileged place , from whence to raile against the times , to cry downe all the orders of holy church , and to distract the people with needlesse controversies , in despight of his maiesties declaration , which he cared not for , or would interprete for his purpose : and had this happinesse withall , that whatsoever he said there , did instantly become gods truth ; and therefore not to be suppressed by prince , or prelate . the presse , which was devised at first for the advancement and increase of learning ; was by him made a meanes to disperse his pasquills , that they might flye abroad with the swifter wing , and poyson mens affections , whom he never saw . and howsoever some of his unlicenced babels , were guilty of sedition , and tended to incense the commons against the king ; yet , being dedicated to the parliament , as himselfe relates it , p. 45. he came off bravely , and brought his adversaries to a non-plus . fortunate man , one of the sonnes , no question , of the young white henne ; to whom , both presse & pulpit prostitute themselves , and yet account it as an honour that hee hath abused them . too fortunate indeed , had it so beene carried . but not long after , this brave man of armes , that dares encounter with goliah , as hee boasts himselfe , received the foile , being first suspended for his preaching , and afterward imprisoned , and brought into the high commission for his printing , as hee relates the story . p. 52. oh , but by gods great blessing , and the kings good lawes he was fetch 't off those shelves ( where else as he complaineth , he had suffered shipwracke ) by a prohibition . p. 53. for that hee was beholding to his friend mast . prynne who both aduised him to it , & had led the way ; and having layton's valour in admiration , thought it a farre more noble suffering , to lose one eare or two by sentence in the starre-chamber , then lend an eare to the censure of the high commission , so fared it with his learned counsaile , whose punishment might have perswaded him to more moderate courses , but that he had a strong desire to fill up the measure of his iniquities : and having beene a stickler in the same cause with him , conceived it most agreeable to the rule of fellowship , that he must suffer with him also . tully indeed did so resolve it . ut qui in eadem causa fuerunt , in eadem item essent fortuna : and certainly it was very fit that it should be so : nor was it possible to stay him being once resolved : only he wanted opportunity for the accomplishment of his designes , which the last gun-powder day did present unto him ; that day being by him thought most proper for their execution , whom he had long before condemn'd , and meant to blow up now without helpe of powder . in that more mercifull indeed , than faux or catisby ; they purposing to blow up the three estates together ; he but at once . the place designed for this dispatch , that which he had so long abused , the pulpit ; the way of bringing it about , that which hath alwaies served his turne on the like occasions , a seditious sermon : wherein he had drawn up together , what ever spirit of malice he had found dis●●rsed in al or any of those scurrilous and pestilent pamphlets , which had bin published to the world since martins time , of purpose to defame the clergy , and inflame the people ; his own store being added to it : nor did he thinke it was enough thus to disgorge his stomacke , of purpose to excite his audience against their superiors , and startle them with dreadfull feares , as if hoth tyranny and popery , were likely in short time to be thrust upon them : that was an undertaking fit for private persons , whose gifts might be confined to one place or parish : for his part , he was now the generall superintendent of all the churches , the forlorne hope , the centinell perdue of the whole brother-hood : and therefore the most choyce and materiall poynts of the declamation , ( like the enclyclicall epistles of the elder times ) must briefely be summed up , and scattered all abroad the kingdome , as newes from ipswich : nay , lest one title of his word should fall to ground , the declamation presently must become a libell , and was by him thought fit to have been printed ( as soone as spoken ) for the generall god ( as he assures us ) of all his majesties loving subjects throughout the kingdome : and printed at the last it was , and with a monstrous impudence dedicated to his maiesty , and copies of the same given forth , ( as he saith himselfe ) in hope that it might come at last to his maiesties hands . two things there were especially which did embolden him thus to preach and publish his owne personall quarrells , as the truth of god : first an opinion of some extraordinary calling from above , the same perhaps that hacket was possessed with in queene elizabeths reigne : this he avoweth in his epistle to the king. i heartily thanke my lord jesus christ , who hath accounted mee faithful , & called me forth to stand in his case , and to witnesse it before the world , by publishing my said sermons in print , &c. and in that directed to the true-hearted nobility , where he speaks more plainly certainly i am one of the watch-men of israel ( though the meanest ) yet one that hath obtained mercy to bee faithful . nor have i inconsiderately or rashly rushed upon this businesse , but have been by a strong hand drawn into it . yea my lords , know assuredly that christ himselfe my great lord & master , hath called me forth , to be a publike witnesse of this great cause , who will certainly maintaine both it and me , against all the adversaries of god and the king. the second was a confidence , that no man durst to question so great a prophet , greater then which , was never raised up from the dead , to preach to dives and his brethren . and this he lets us know in his apologie , p. 7. i never so much as once dreamed ( saith he ) that impiety and impudencie it selfe , in such a christian state as this is , and under such a gratious prince , durst ever thus publikely have called me in question , and that upon the open stage , &c. no marvell if so strange a calling , seconded by so strong a confidence , spurred him bravely on ; and made him lift up both his voice and hand against what ever is called god : and how know wee , but that in some of his spirituall raptures , he might faine an hope , that his dread name should be as famous in the stories of succeeding times , as muntzers , or king john of leidens . but these imaginations failed him too , as his court-hopes did . for contrary to what he dreamt ( such filthy dreamers , s. jude speakes of ) vpon the third of december next ensuing , a pursuivant ( as he tells the storie ) served him with letters missive from the high commission , to appeare before doctor duck at cheswick , then and there to take his oath to answere to such articles as were laid against him . bold men , that durst lay hands upon a prophet of such an extraordinary calling , who if his power had been according to his spirit , would have commanded fire from heaven , to have burnt them all , or sent them further off with a noli me tangere . but caught or not caught , all was one . for though it was no time to move the court for a prohibition , being out of terme , yet he bethought himselfe of another way to elude his judges : and that was by a strange appeale , being neither a gravamine , nor a sententia , to decline that court ; and put the cause immediately into his majesties hands , where he might be , he thought , both a defendant and complainant , as he saith himselfe . p. 1. of the apologie . a fine invention doubtlesse , but more sine then fortunate . for on a new contempt , as himselfe informes us , he was suspended by the high-commissioners , both from his benefice and office , and the suspension published ( as he now complaines ) in his own parish church , to his intolerable disgrace and scandall . indignum facinus . therfore that all the world might knowted and on what suspended , lo a necessitie ( so he saith ) is laid upon him , as formerly to preach , now to print his sermon ( for sermon he will have it called , whosoever saith nay . ) and printed at the last it was , as before was said , and therewithall was printed also an apologie for the said appeale , with severall addresses to the kings most excellent majestie , to all the true-hearted nobilitie of his majesties most honorable privie counsell ; and to the reverend and learned judges : the copies of them both being spread abroad , for the greater consolation of the brethren , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , here and there dispersed , like simeon and levi , brethren in evill , in the tribes of israel . this is the substance of the storie , which i have here laid downe together by way of preface , that with lesse interruption i might ply the argument presented to us , both in the sermon and apologie . for howsoever neither of them be considerable in regard of the author , who since his being thrust out of the court , hath beene an open and professed enemie of the publicke government : yet in relation to the church and rulers of it , whom he endeavoureth to expose to the common hatred ; and next in reference to the people , whom he hath laboured to possesse with false and sinister conceits of the present state ; it hath beene thought convenient by authority , that an answer should be made unto them . the preservation of religion is a thing so sacred , that we cannot prize it to the height : and therefore they that labour to preserve it , are of all men , the most to be esteemed and honoured . proximus diis habetur , per quem deorum majestas vindicatur , as the historian rightly noted . so that wee cannot blame poore men , if they are startled and affrighted at those scandalous rumors which are diffused and spread amongst them , to make them think that religion is in no small danger : or if they hold a reverend esteeme of those , who seeme to them to have a principall care thereof , and the safety of it . onely they are to be admonished , not to be too credulous in matters of so high a nature , till they are throughly certified of the trueth thereof : that they conceive not ill of the church , their mother , upon the light and false reports of every male contented spirit ; or thinke them champions of religion , who are indeed the bane , and disturbers of it : that faction in the church , which mast . burton , and his copesmates , have so much laboured to promote : hath since the first beginning of it accused the church of england of the selfe same crimes , whereof they now pronounce her guilty : nor haue they found any new matter wherewithall to charge her , than that which their fore-fathers had beene hammering on in the times before them : yet they cry out with no lesse violence but farre more malice , than their fathers did ; and fill the minds of iealous and distrustfull people with doubts and feares of innovations , of and in the worship of god , & the whole doctrine of religion ; as if the bankes were broken downe , and popery were breaking in a maine upon us ; onely because they can no longer be permitted to violate all the orders of gods church , here by law established . the papists and these men , how different soever they may seeme to bee in other matters , have , as it were by joynt consent , agreed in this , to charge this church with novelties and innovations : the one especially in the poynts of doctrine ; the other principally in matters of exteriour order , & the service of god. but as we say unto the one , that in the reformation of this church , we introduced no novelties into the same , but onely laboured to reduce her to that estate and quality , wherin she was in her originall beauty , and the primitive times : so may we say unto the other , that all those innovations which they have charged upon the church in their scandalous pamphlets , are but a restitution of those ancient orders , which were established heere at that reformation . this that the world might see , and see how scandalously and seditiously they traduce the church ; i was commanded by authority to returne an answer to all the challenges and charges , in the said two sermons and apology of master burton . for being it was the leading libell , in respect of time , ( the principall matters in the newes from ipswich , being borrowed from master burtons sermon ) and that those many which have followed , are but a repetition of , and a dilating on those poynts which are there conteined : it was conceived , that bee being answered , the rest would perish of themselves . on this command i set my selfe unto the work ; and though i knew no credit could bee gotten from such an adversary , vbi & vincere inglorium est , & atteri sordidum ; and that there are a sort of men , who hate to be reformed in the psalmists language : yet being so commanded , i obeyed accordingly , & cannot but account it an especiall honour to mee , to bee commanded any thing in the churches service . besides j could not but be grieved , to see my dearest mother traduced so fowly in things whereof i knew her guiltlesse ; and it had argued in mee a great want of piety , not to have undertaken her defence herein , being called unto it . from which two great and grievous crimes , defect of piety , and true affection to the church our mother ; and disobedience to the commands and orders of the higher powers ; no lesse than from the plague and pestilence , good lord deliver us . having thus rendred an account , both of the reasons why the sermon and apology of master burton , have been thought worthy of an answer ; and why , for my part , j have undertaken a reply unto him : i must now settle close unto the businesse , beginning first with the apology , so farre forth as it justifieth his said appeale ; and leaving those particulars , which he doth charge upon the prelates , to be considered of more fully in due place and time . chap. i. containing a particular answere to the severall cavills of h. b. in defence of his appeale . appeales unto his majestie , in what case admitted . the high commissioners , neither parties in the cause , nor adversaries to the person of the appellant . the bishops no usurpers of the jurisdiction belonging to the king. the oath of supremacie not derogatorie to episcopall power . objections against the oath ex officio , with an answere to them . other objections against the proceedings in the high-commission answered . of giving forth a copie of ones sermon , upon oath . sedition , how it may be punishable in the high commission . archbishop whitgifts name abused , and his words mis-reported by h. b. hitherto mass . burton , wee have laid you open , by the way of an historicall narration ( though all historicall narrations be offensive to you , for the sake of one ) and consequently spake only of you in the third person , as hic et ille . but being now employed in the examiners office , i must deale with you , as if coram , in the second person , which i perswade my self will better sort with your ambition ; the second person ( if you remember so much of your accidens ) being more worthy then the third . and first , i would faine know what mooved you to appeale unto his majestie at your first conventing , before you had just grievance , or an unjust sentence . your conscience sure accused you , and pronounced you guiltie , and told you what you should expect in a legall triall : and on the other side your presumption flattered you , that being an old courtier , though worn out of favour , you might have some friend there to promote your suite . sir you forget it seemes , what is related in the conference at hampion court , in the self same case . my l. of london , moved his m tie . that then was [ k. james of b. memory ] that pulpits might not be made pasquils ( pray sir mark this well ) wherin every humorous or discontented fellow might traduce his superiors . this the king very gratiously accepted , exceedingly reproving that as a lewd custom , threatning , that if he should but heare of such a one in a pulpit , he would make him an example : ( this is just your case ) and that if any thing were amisse in the church officers , not to make the pulpit a place of personall reproofe , but to let his majestie heare of it , yet by degrees . first let complaint be made unto the ordinarie of the place , from him to goe to the archbishop ; from him , to the lords of the counsell , and from them , if in all these places no remedie is found , to his own self : which caveat his majestie put in , for that the bp. of london had told him , that if he left himself open to admit of all complaints , neither his majestie should ever be quiet , nor his under officers regarded : seeing that now already , no fault can be censured , but presently the delinquent threatneth a complaint to the king. here is a long gradation , and that after censure : but you will venter on the king , per saltem , not by faire degrees ; and that not only before censure , but before any grievance to be complained of . the king would quickly have his hands full , were that course allowed of ; and wee must needs conceive him god , as well by nature , as resemblance : it being impossible he should have any spare time left , either to eare , sleepe , or refresh his spirits , or whatsoever other businesse doth concern this life , or shew him mortall . but wee must needs conceive , there was some speciall reason in it , which might induce you to cry out , before you were hurt ; more then the matter of the articles which were read vnto you ; or your own guiltie conscience , which had precondemned you . yes sure , for you except against as well the incompetencie of the judges , as the illegall manner of proceedings in the high commission . the judges you except against ( excepting those honorable nobles , judges , counsellers of state , which are seldome there ) as parties in the cause , and adversaries to your person for the causes sake ; p. 6. parties , because you have traduced them for innovators , and adversaries , for the reasons which hereafter follow . suppose them parties , and what then ? then by the lawes of god and nature , as also by the common , canon , and civill lawes , they are prohibited from being judges . this is the first crutch your appeale halts with ; and this will faile you . for howsoever it be true , in ordinary course , that no man can be judge in his own cause , there where the cause concernes himself in his own particular ; yet it is otherwise in a body aggregate , or a publick person . suppose in time of parliament , a man should taxe that great assembly with some grievous crime , should the whole body be disabled from proceeding with him ? or that a man should raise some odious scandall on my lords the judges , should he escape unpunished because there is none else to judge him ? or that some sawcie fellow behaves himself audaciously and contra bonos more 's , before the justices on the bench , at their quarter sessions ; should not the bench have power to bind him to his good behaviour ? or that a man within the liberties of london , should say a fig for my lord major , might not my lord major clap him in the counter ? and yet the parliament , and the judges and the justices , and the lord major of london , are asmuch parties in these cases ; as the arch-bishops , bishops , chancellors , and the rest of the high commission , are by you said , and only said , to be in the other . for that they are not parties , wee shall see anon , when wee shall come to cleere them of those imputations , which in a furious zeal you have laid upon them . that which you next attempt , is to prove them adversaries , and adversaries to your person for the causes sake . good sir , what see you in your self , that you should think such great and eminent men should beare malice to you . tullie , a wiser man then you , and a better orator , as i take it , and in more credit with the common people ( though you grieve to heare it ) might have taught you better . non video nec in vita , nec in gratia , nec in hac mea mediocritate quid despicere possit antonius . was it not you , sweet sir , that did protest thus roundly of my ll. the bishops , i speake not this , god is my witnesse , out of any base envy to their lordly honor and pompe , which is so far beneath my envy . poore soul , are those great persons , and their honors beneath your envie ; and is your person a fit marke for theirs ? diogenes ; and your self , two magnanimious cynicks . you know the story wel enough , and can best applie it . calco platonis fastum , sed mafore fastu . yea , but they are the adversaries of your person for the causes sake : say then the adversaries of the cause ; let your person goe , as a contemptible thing that provokes no adversary . yet wee will take you with us to avoid exceptions , and see what proofe you have to make them adversaries to your person for the causes sake . and first they are your adversaries , because the adversaries of those trueths by you delivered in your sermon , p. 7. hold there a little brother b. as farre as you have said the truth , they will all joyne with you . veritas a quocunque est , est a spiritu sancto , said st. ambrose truely . in that assuredly you shall find no adversaries . but when you leave to speake the trueth , which is the office of a preacher ; and fall upon seditious , false and factious discourses , to inflame the people , and bring them into ill opinion , both of their king , and those to whom the goverment of the church is by him intrusted ; you are no more a preacher , but a prevaricator , a dangerous boutefeu , and incendiarie , as you have beene hitherto . that this is true , shall be most plainly manifested in the anatomie of your sermon , ( for wee will call it so to please you ) where the charge is pressed . a second reason which you have to prove them your adversaries , is that they have usurped such a title of jurisdiction , as cannot consist with that title of jurisdiction , which the law of the land hath annexed to the crown imperiall , p. 7. if so , they are the kings adversaries in the first place , robbing him of the fairest floure in the regall diadem : and as the kings adversaries , the common adversaries of all loyall subjects , no more yours then mine . but how may it appeare unto us , that they have made so great and manifest an usurpation , as you charge them with ? because , say you , they doe continually exercise their episcopall jurisdiction , without any letters patents of his majestie , or his progenitors , in their own names and rights only , not in his majesties name and right , &c. great pitty but you should be made the kings atturney ; you would bring all the clergie doubtlesse in a premunire , and make them fine more deeply for it , then when king henry the 8th first charged them with it . but this being objected to them in that sermon also ; we shall there meet with it . one thing i must take with me now , for feare i find it not hereafter . you say the bishops exercise their episcopall jurisdiction , in their own names and rights only , not in his majesties name and right , to the manifest breach of their oathes aforesaid . alas poore prelates , cast away your rochets , and resigne all to brother b. before he had indited you at the kings bench , for usurpation ; and now he files a bill against you in the star-chamber , as in case of perjurie . for he assures us , that the statute , 1. eliz. c. 1. uniting all manner of jurisdiction ecclesiasticall whatsoever , unto the imperiall crowne of this realme , enacteth the oath of supremacy and allegeance eo nomine , to that very end and purpose , that none should presume to exercise any ecclesiasticall jurisdiction within this realme , but by virtue of the kings letters patents , and in the kings majesties name and right qui nunquam risistis nunc ridete . here 's such a piece of learned ignorance , as would make heraclitus laugh ; it seemes you had no conference of late with your learned counsell ; who , had he seene this passage , might have marred the merriment ; for pray you sir , was the oath of allegiance enacted 1. of elizabeth ? then certainly my books deceive me , in which it is reported to have been enacted 3. jacobi , on the occasion of the gunpouder treason . and for the oath of supremacy , made indeed 1. eliz. was it enacted eo nomine , to that end and purpose , as you please to tell us ? what ? that no bishop might proceed in exercise of his ordinary episcopall authoritie , without especiall letters patents ; and in the queenes majesties name and right only ? find you in all the statute any mention of letters patents , more then in and for the erection and establishment of the high commission , for excercise of that supreme , and highest jurisdiction of right invested in the crowne ? as for the oath , look it well over once againe , if there be any one word which reflecteth that way , of suing out especiall letters patents by the party sworne , for the discharge of the authoritie committed to him ; or that makes mention of the queenes name to be used therein . assuredly , learned sir , that oath was framed , to settle the abolishment of all forreine power and jurisdiction , such as the popes of rome had lately practised in this kingdom ; and for no other end and purpose . or if it were enacted , eo nomine , to that end and purpose , that none should exercise any ecclesiasticall jurisdiction within this realme , but by virtue of the kings ( or queenes ) letters patents : then certainly it must be thought , that all , and every temporall judge , justice , major , and other lay and temporall officer or minister ; all that take wages of the king in any of his dominions , those that sue out their livery , or oustre le maine ; young schollars in the universitie , when they take degrees , or finally , whosoever is required by the statute to take that oath ; have in them a capacitie of jurisdiction ecclesiasticall , but may not exercise the same without letters patents : or else must forthwith take up armes against those that doe . as for that clause which followes after , and in the kings majesties name and right , that 's just like the rest . it was indeed enacted so , in some certaine cases . 1 edw. 6. c. 2. but was repealed by parliament , 1. mar. c. 2. and stood repealed all the reigne of queene elizabeth , and therefore could not be intended in the statute 10. i see sir , you are as excellent in the law , as in the gospell : and marveile that you have not mooted all this while in some inne of chancery . le ts on sir to those other arguments which you have studied , to prove the high commissioners to be your adversaries ; and if we follow your account they are three in number : but stilo novo we shall finde but one , and that one worth nothing . first , they who are adversaries of god and the king , are your adversaries , p. 9. secondly , they which are christs enemies are your enemies . and thirdly , they which are the kings enemies are your enemies . p. 10. this is as good as handy dandy , pretty sport for children . i hope you will not divide christ from god , and i am sure you cannot divide the king from himselfe . let then your three arguments passe this once for one : and shew us how you meane to prove , that the bishops are the adversaries of god and the king. that 's made as cleare as all the rest , by arguing a non-concessis pro concessis ; by taking it for granted , because you say it , that they are dangerous innovators , hinderers of the gospell , opposers of his majesties lawes , proclamations , and declarations against all innovations of religion , &c. what proofe you have of this , more then your owne bare ipse dixit , we shall see hereafter : and when we see it , we will answer to it as we see occasion . meane while , i would faine know how this concernes you , more then others : why any schismaticke or delinquent may not pretend the selfe same reasons , to decline the judgement of that court , as well as you . pope boniface tels us of saint peter , that he was taken in consortium individuae trinitatis ; and doubtlesse you deride him for it : yet in effect , you take as much unto your selfe . gods cause and yours are so alike , of such neere kinne to one another , that they are hard to be distinguished . our saviour christ hath no advantage of you , but that hee was the first-begotten , and therefore is your elder brother : as for the king , according to the puritan tenet , he 's but a minister of the state , onely a sworne bailiffe of the common wealth , and to be called unto accompt when the people please : the saints , i. e. your selfe and such as you , being kings indeed , to whom the earth belongs of right , and the fulnesse of it ; and at whose feete , in case the presbyterian discipline were once established , all kings and princes of the world must lay downe their scepters , huic disciplinae omnes orbis principes & monarchas fasces suos submittere , & parere necesse est . as your friend travers stated it in his booke of discipline . yes marry sir , now i perceive there 's somewhat in it , why gods cause , christs , the king , and yours , are so linked together . so farre we have gone after you , or with you rather , to see how you could justifie your appeale , as it related to the incompetencie of the iudges : wee must next looke upon you whilest you pleade your cause , as it reflects upon the illegality of their proceedings . and this you branch into two parts also , ( for you are excellent at making a division : ) the one generall which concernes their usuall practise in all other cases ; the other particular , in your owne case , p. 11. it had beene fitter sure you had left out the generall , and fallen on the particular onely : for in such things , which are , you say , their usuall practise , what cause have you to make appeale more then other men . and should all other men take liberty to decline the court , that would dislike their course and manner of proceedings : his majesty might quickly call in the commission , as an vnnecessary thing , of no use at all . this therefore onely was put in to beget an odium to that court , and buzze into the peoples heads ( who if once seasoned with your leaven , are apt to credit it ) that the proceedings there are contrary to pie●y , to law , to charity , and utterly against the liberty of the kings good subjects . but being put in , we must doe what we can to rase it out againe : and therefore speake , what is it that you are agrieved at in their usuall practise . your first exception is against the oath ex officio , in which you say they doe transgresse in three particulars : first in regard it is exacted of the delinquent , before a copy of the articles or libell is exhibited unto him ; and secondly in that the deponent is not permitted to have a copy of the articles , before he doth depose unto them , that he may answer to them by advise of counsell : both which , you say , are contrary unto the practise of all the other courts of iustice . thirdly , in that the oath exacted is contrary both unto faith and charity ; to faith , in that an oath so taken must needes be taken for a rash oath , and so against the nine and thirtieth article of the church of england ; to charity , in that it makes a man to accuse his brother , and betray himselfe , and so against that generall maxime , nemo tenetur prodere seipsum , p. 11. and 12. this is the summe of what you say , ( for that which followes of putting in additionals to the information , on the discovery of new matter , was not worth the saying : ) and all this is no more , but quod dictum prius , that which hath formerly beene alledged , and already answered , your learned counsell furnished you with these particulars , when you were both delinquents in that court together : and he might doe it easily without much study . they were collected before hee was borne , and by some that had as evill will to the church as he , and spred abroad amongst that party in queene elizabeths time : but very learnedly refelled by dr. cosin , then deane of the arches , to whom for brevities sake i might well referre you . yet since your libell is made publicke , and dispersed abroad , i will in briefe lay downe such answers as are made by him , to your severall cavils ; adding a little of mine owne , and one thing specially for your satisfaction which he could not know of . in answer to the first , he tels you ( if you would have learned ) that though the articles or libell , be not exhibed inscriptis , before the oath , yet that the generall heads are signified and opened to the party criminall : which was observed , as you confesse , in your particular : for you informe us in the beginning of your apologie , that the occasion of your appeale was upon the reading of certaine articles unto you , by the register of the court before doctor duck , and by his appointment who thereupon tendred unto you an oath to answer to the said articles . this was as much favour as could be showne you , and more then needed . the reason why the articles are not given in scriptis , is chiefely upon observation , that some of those to whom that favour hath beene showne , have used it onely as a meanes to instruct their confederates , for the concealing or the disguizing of the truth ; ( a thing of dangerous consequence in punishment of schismes , heresies , and such other things which this court takes notice of : ) themselves , upon perusall of the articles , remaining still as obstinate in the refusall of the oath , as they were before . nor is it generally contrary to the practise of the common-law , as it is pretended ; the grand inquest taking an oath before the iudges , that they shall diligently inquire , and truely present all offenders against any such point , as shall be given them in charge : and yet the charge not given till the oath be taken . as to the second , touching the advise of counsell to draw up the answer , that 's universall neither in law nor practise . for on inditements at the common law upon life and death , there is no counsell given the party to draw up his answer . and in proceedings in the starre-chamber , chancery and court of requests , however they commence suites there by bill and answer : yet when they come to interrogatories , the parties first take oath to answer truely to the points ; and then the interrogatories are proposed unto them peece by peece , in the examiners office . besides that in such cases , as principally doe concerne the high commission , it hath not beene thought sit to admit of counsell , for drawing up an answer unto the articles objected ; the better to avoide delaies , and that foule palliating of schismes , and errors , which might thence arise . as for the first part of the third exception , it 's true , that vaine and rash swearing is condemned by the nine and thirtieth article : but then it resteth to be proved , that taking of an oath to answer to the points proposed , doth come within the compasse of rash swearing . for howsoever men are sworne aforehand , in the proceedings of that court , to answere truely to the things objected , when they come to heare them ; yet they are never sworne to answer to them before they heare them . and for the breach of charity , and the old said saw , nemo tenetur prodere seipsum , 't is answered , that the oath is not exacted in things meerely secret , which are left to god ( for de occultis ecclesia non judicat , as the saying is , ) but in such cases which are partly manifested , as by bruite or fame , and such like indicia , in which the church is to be satisfied . and in this case and such as these the oath is tendred , not to betray the party whom it doth concerne , but rather , if it be possible to cleare his innocency ; on both sides to bring truth to light , which is a iewell worth the finding . which cou●se is also used in the starre-chamber , where the defendant is to answer , even in criminall matters , on his corporall oath : and that not onely to the bill preferred against him , but to as many interrogatories , and some crosse ones too , as the plaintifes counsel shall devise . adde here , which doctor cosin could not know of , the resolution of king iames of blessed memory , at hampton court. when the lord chancelor , and after him the lord treasurer , had spoke both for the necessity and use of the oath ex officio , in diverse courts and cases ; his excellent majesty preventing that old allegation , nemo cogitur detegere suam turpitudinem , said that the civill proceedings punished onely facts , but in courts ecclesiasticall it was requisite that fame and scandalls should be looked into . that here was necessary the oath compurgatorie , and the oath ex officio too ; and yet great moderation should be used , first , in gravioribus criminibus , and secondly , in such whereof there is a publicke fame , and thirdly , in distinguishing of publicke fame , either caused by the inordinate demeanour of the offender , or raised by the undiscreet proceeding in triall of the fact . all which just cautions were observed in this proceeding against you mass . b. and therefore your appeale was causelesse , as your grievance none . now for your owne case next , and thē illegality of proceeding in it , you have no lesse then tenne exceptions ; you might have spunne them out as you doe your uses , to as many more . these wee will summe up briefly , that the world may see them ; and afterwards reply to such as are considerable , though peradventure we may touch at all , for your satisfaction . first , you except in reference to the matter charged upon , which was sedition , and so belonging to the civill courts ; and secondly against the manner of proceeding , viz. first , inciting you to a private house , before one commissioner alone ; secondly , excluding your friends and neighbours that they might not heare ; thirdly , in tendring you an oath in a matter , which if true concernd your life ; fourthly , in calling for a copy of your sermon to be delivered upon oath ; fifthly , in that you were suspended , being absent ; sixthly , notwithstanding your appeale ; seventhly , and the suspension published in your owne parish church , to your intollerable disgrace and scandall ; eightly , in taxing you of sedition in the said suspension ; and ninthly , in denying you a copy of the articles , and other acts of court , whereby to perfect that appeale to his sacred majesty . of all these tenne , there are but two considerable , ( the other eight being onely added to make up the tale : ) to wit , of the matter charged upon you , which was sedition ; and then the tendring of an oath in the said matter , being a crime , which might if true , concerne you , in point of life . for that you were convented before one commissioner alone , at his private house is no rare matter ; that his conventing of you being onely to tender you an oath , to make true answer to those articles which were read unto you : there being a particular clause in the very commission , that any one commissioner may give the oath to party or witnesse . and why you should bring your friends and neighbours with you ; or being there , why should you thinke to have them present at your examination is beyond my reach : unlesse perhaps you were desirous to let them see how valiantly you durst out-face authority . you cannot be so ignorant , having had businesse in that court before , as not to know , that though the party cited doe for the most part take his oath in the open court , to make true answer , whensoever he is called unto it : yet the examinations are in private , in some other place . and so they are also in the examiners office for the starre-chamber , chancery , and court of requests , and all commissions thence awarded : where the examiner and the party , the commissioners and deponents are alone in private , remotis arbitris . the calling for a copy of your sermon to be delivered upon oath , is neither any new matter , or used onely in your case : it being ordinary in the vniversities ; and by the vice-chancellours there done of common course . and it seemes wonderous strange to me , you should deny to give a private copy of your sermon , when it was required of you by authority : and notwithstanding publish it in print a little after , being not required . as for the example of our saviour , ( whose case you parallell with your owne upon all occasions ) who being demanded of his doctrine by the high-priest , made answer , that he spake openly in the synagogue , and in the temple , and said nothing in secret , and therefore they might aske the question of those that heard him : that makes nothing for you . and yet from hence you draw a most factious inference , that no minister ought to be put so much as to give an answer , much lesse a copy of what he publickely preached in the church p. 15.16 . the case is very different between christ and you , though you make it one : he being demanded of his doctrine in the generall , without particulars , either time or place , or any matter charged upon him ; you being questioned for a sermon preached at such a time , and in such a place , containing such and such seditious and factious passages , as were reade unto you . lesse reason have you to complaine of being suspended being absent , because being warned to be there , you refused to come : or that you were suspended notwithstanding your appeale , to his sacred majesty , since your suspension , as you grant , was grounded on a new contempt , not the first refusall of the oath . that the suspension should be published in your owne parish church , and that therein you should be taxed of sedition ; was both just and necessary . for if you were convented first , because of your seditious sermon , and a seditious sermon preached to your owne parishioners : good reason that your censure should be published there , where you committed your offence , that so the people might beware of the like false teachers . and for denying you a copy of the articles , and other acts of court , i see no cause at all why you should demand them . for having at the first declined the judgement of that court , by the refusall of the oath , and your said appeale ; and afterwards contemptuously neglected your appearance on the second summons : what cause had you to expect any favour from them , or to consult those acts which you cared not for ; especially considering you continued still in your disobedience , and desired the articles , not to answer to them , but thereby , as you say your selfe to perfect your appeale ; or rather , as it may be thought , to scatter them abroad in imperfect copies , with such false answers to them as you pleased to make . your selfe and such as you , have long used the art , of getting the first start upon mens affections : non ignari instandum famae , & prout prima successerint fore vniversa . but come we now unto the maine of your appeale , in reference to the illegality of proceedings in your owne particular : for all that hath beene answered hitherto , was but the vantage as it were , which you cast in out of your abundance , to make up the reckoning . it is pretended , that being charged with sedition , you were not bound to answer to it . and why ? because sedition is no ecclesiasticall offence against the church , but a civill against the king and state ; and therefore to be tried onely in his majesties courts of civill iustice , and not before the high commissioners , who have no cognizance thereof . your enthimeme doth halt extreamely . for there are many matters punishable in either jurisdiction , which since you are ignorant , i will name you some . vsury , contrary to the statute , 21. iac. c. 17. is punishable at the common-law , and it is also punishable in the court christian ; as in the 109. canon . the selfe same canon reckoneth drunkennesse and swearing , as punishable by the ordinary upon presentment : and yet are punishable by the civill magistrate , by vertue of two severall statutes , viz. 4. iac. 5.21 . iac. and 21. iac. 20. so for prohibited , either workes or recreations on the lords day , the parties so offending are by the statute 1 car. c. 1. & 3. car. c. 1. to be convented and corrected by the iustices of the peace : and yet there is a salvo there , for the ecclesiasticall jurisdiction to proceed as formerly . all persons that offend against the statute 1. eliz. c. 2. either in depraving the booke of common prayer , or else not using it as they ought to doe , or using any other forme of prayer ( n. b. ) then is there prescribed , &c. are punishable either by enditement at the common-law , or by the censures of the church according as complaint is first made unto either court : i could informe you of many such particulars , were it convenient . so that you see , your proposition is not true , in that full latitude wherein you propound i● : viz. because sedition is to be tryed in the courts of civill iustice , therefore in you , and as it was an offence by you committed , it was not to be censured in the high commission . for sir , i hope you can distinguish betweene sedition in the field , or in the market-place , and a seditious sermon ( for sermon i must call it for feare of angring you ) in the church or pulpit . had you behaved your selfe seditiously in any other place , no better dealing with you , then by the constable first , and so on . but if you preach seditiously , and make the house and ordinance of god , onely a pandar to your discontent or your ambition , i hope my lords the iudges will not be offended , if your superiours in the lord doe chastise you for it , yet this , at last , you make a just gravamen , upon the which you might appeale . but had you thought indeed , as you say you doe , that the ecclesiasticall commssioners , could take no cognizance of the crime objected to you : you might with better hopes have labored for a prohibition , as formerly you did upon weaker grounds ; then runne your selfe so hastily on a new experiment , of making an appeale , when you were not grieved . lastly , you pleade , that being the matter charged upon you , was sedition , and so if true , your life might have beene called in question ; you were not bound to take the oath propounded to you , and this you ground upon a passage of arch-bishop whitgift in the conference at hampton court , saying , as you report his words , that in matter of life , liberty , and scandall , it is not the course of that court to require any such oath : wherein you doe most shamelessely misreport the words of the said arch-bishop . all that he said , is this , which will helpe you little , viz. if any article did touch the party any way , either for life , liberty , or scandall , he might refuse to answer , neither was he urged thereunto . he doth not say , as you make him say , that in those cases there recited , it was not the course of that court , to require any such oath , but that the party might refuse to answer to those articles which did so concerne him . it is the custome of the court to give an oath unto the party , to answer truely to such articles as shall be propounded : and the indulgence of the court , at the examination , that if the party will , he may chalenge any of them , as not being bound by law to answer to them ; and his refusall , if the law binde him not to answer , is to be allowed . you might then , subtile sir , have tooke the oath ; and yet demurred on any such article , when you came unto it . and so farre we have traced you in your apologie , wherein is nothing to be found , but poore surmises : which being proved onely by an aio , might have beene answered with a nego ; but that i am resolved to dissect you throughly , and lay you open to the world , which hath so long beene seduced by you . chap. ii. the kings authority restrained , and the obedience of the subject limited within narrow bounds , by h. b. with the removall of those bounds . the title of the sermon scanned , and the whole divided . h. b. offended with the unlimited power of kings , the bounds by him prescribed to the power of kings , both dangerous and doubtfull . the power of kings how amplified by iewes , christians , heathens . what the king cannot doe , and what power is not in him , by mass . burtons doctrine . the positive lawes of the realme conferre no power upon the king , nor confirme none to him . the whole obedience of the subject restrained by h. b. to the lawes of the realme ; and grounded on the mutuall stipulation betweene king and people . the dangerous sequells of that doctrine . a pravis ad praecipitia . wee are on the declining hand , out of the hall into the kitchin , from an apologie that was full of weakenesse , unto a sermon or rather a pasquill farre more full of wickednesse : yet were we guided either by the text or title , we might perswade our selves there were no such matter , nothing but piety and zeale , and whatsoever a faire shew can promise . but for the title sir ( i hope you know your owne words in your doughtie dialogue betweene a. and b. ) you know the proverbe , fronti rara fides , the fowlest causes may have the fairest pretences . for whereas you entitle it , for god and the king , you doe therein as rebells doe most commonly in their insurrections : pretend the safety of the king , and preservation of religion , when as they doe intend to destroy them both . the civill warre in france , raised by the duke of burgundy and berry against lewis the eleventh , was christned by the specious name of le bien public , for the common-wealth ; but there was nothing lesse intended then the common good . and when the iewes cryed templum domini , templum domini , they did but as you doe , abuse the people , and colour their ambition , or their malice , choose you which you will , with a shew of zeale . so that your title may be likened very fitly , to those apothecaries boxes which lactantius speakes of , quorum tituli remedium habent , pixides venenum , poysons within , and medecines writ upon the paper . so for your text , we will repeat that too , that men may see the better how you doe abuse it . my sonne feare thou the lord , and the king , and meddle not with them that are given to change ; for their calamity shall arise suddenly , and who knoweth the ruine of them both , prov. 24.21 , 22. a text indeed well chosen but not well applyed . for had you looked upon your selfe and the text together , and followed the direction which is therein given you , you had not so long hunted after innovations , as for these many yeares it is knowne you have ; and so might possibly have escaped that calamitie which is now like to fall upon you . but it 's the nature of your humour , as of some diseases , to turne all things unto the nourishment of the part that is ill affected : meane while you make the scriptures but a nose of wax , as pighius once prophanly called it ; by wresting it maliciously to serve your turnes ; and so confirme the vulgar papists in contempt of that , which were it not for you , and such as you , they might more easily bee induced both to heare and reverence . now for the method of your sermon ( i meane to call it so no more ) though you observe no method in it , but wander up and downe in repetitions and tautologies , as your custome is : i must thus dispose it . the passages therein , either of scandall or sedition , i shall reduce especially unto these two heads : those which reflect upon the kings most excellent majestie , and those which strike directly against the bishops . that which reflects upon the king , either relates to his authoritie , or his actions . that which doth strike against the bishops is to be considered as it is referred either unto their place , or to their persons , or finally to their proceedings : and these proceedings are againe to bee considered , eyther in reference to their courts , and behaviour there , or to their government of and in the church , and carriage in that weighty office , wherein you charge them with eight kinds of innovations , most of the generall kinds being sub-divided into several branches . for a conclusion of the whole , i shall present unto your selfe , by way of corollarie , or resultancie out of all the premisses , how farre you are or may prove guilty of sedition , for that pulpit pasquill of yours : and so commend you to repentance , and the grace of god. in ripping up whereof , as i shall keepe my selfe especially to your pulpit-pasquill : so if i meete with any variae lectiones , in your apologie , or epistles , or the newes from ipswich , or your addresses to the lords of the privie councell , and my lords the iudges , i shall use them also either for explication or for application . such your extravagancies , as cannot easily be reduced to the former heads , i either shall passe over , or but touch in transitu . this is the order i shall use . first for the king , you may remember what i told you was the puritan tenet , that kings are but the ministers of the common-wealth , and that they have no more authority then what is given them by the people . this though you doe not say expresly , and in terminis , yet you come very neare it , to a tantamont : finding great fault with that unlimited power which some give to kings , and as also with that absolute obedience which is exacted of the subject . one of your doctrines is , that all our obedience to kings and princes and other superiors must be regulated by our obedience to god. your reason is , because the king is gods minister and vice-gerent , and commands as from god , so for god , and in god. your doctrine and your reason , might become a right honest man. but what 's your use ? your first use is , for reprehension or refutation of those that so advance mans ordinances and commandements , as though they be contrary to gods law , and the fundamentall lawes of the state , yet so presse men to the obedience of them as they hold them for no better then rebells , and to deserve to be hanged drawne and quartered that refuse to obey them , pag. 77. so pag. 88. a second sort come here to be reproved , that on the other side separate the feare of the king from the feare of the lord : and those are such as attribute to kings such an unlimited power , as if he were god almightie himselfe ; so as hereby they would seeme to ascribe that omnipotency to the king which the pope assumes , and his parasites ascribe to his holinesse . so pag. 89. thus these men crying up , and exacting universall absolute obedience to man , they doe hereby cast the feare of god , and so his throne , downe to the ground . finally you reckon it amongst the innovations wherewith you charge the prelats in point of doctrine , that they have laboured to make a change in the doctrine of obedience to superiours , setting man so in gods throne , that all obedience to man must be absolute without regard to god and conscience , whose onely rule is the word of god , pag. 126. in all which passages , however you pretend the word of god , the fundamentall lawes of state , and conscience : yet clearely you expresse your disaffection unto the soveraignty of princes , and in effect leave them no greater power then every private man shall thinke fit to give them . besides there is a tacite implication also , that the king exercises an unlimited power , which cannot possibly consist with the subjects conscience , the fundamentall lawes of the kingdome , or the word of god. it had beene very well done of you to have told the people , what were the fundamentall lawes of state , which were so carefully to be preserved ; within what bounds and limits the authority of kings is to be confined , and to have given them a more speciall knowledge of the rule of conscience . for dealing thus in generalls onely , ( dolosus versatur in generalibus , you know who sayd it ) you have presented to the people a most excellent ground , not onely to dispute , but to disobey the kings commands . now sir i pray you what are you , or by what spirit are you guided , that you should finde your selfe agreeved at unlimited power , which some of better understanding then your selfe have given to kings : or thinke it any innovation in point of doctrine , in case the doctrine of obedience to our superiours bee pressed more home of late then it hath beene formerly . surely you have lately studied buchannan dejure regni , or the vindiciae writ by beza under the name of iunius brutus : or else perhaps you went no further then paraeus , where the inferiour magistrates , or calvin , where the three estates have an authority to controule , and correct the king. and should the king be limited within those narrow bounds which you would prescribe him , had you power ; he would in little time be like the antient kings of sparta , in which the ephori , or the now duke of venice , in which the senate beare the greatest stroke : himselfe meane time , being a bare sound , and an emptie name , stet magni nominis umbra , in the poets language . already you have layd such grounds , by which each private man may not alone dispute but disobey the kings commandements . for if the subject shall conceive that the kings command is contrary to gods word , though indeede it be not ; or to the fundamentall lawes of state , although hee cannot tell which be fundamentall ; or if he finde no precedent of the like commands in holy scripture , which you have made to be the onely rule of conscience : in all these cases it is lawfull not to yeeld obedience . your selfe have given us one case in your margin , pag. 77. we will put the other . your reprehension is of those , that so advance mans ordinances and commandements , as though they be contrary to gods law , and the fundamentall lawes of state , yet presse men to obedience to them , your instance is of one which was shrewdly threatned ( how true that is we meane to tell the world hereafter ) for refusing to doe that which was not agreeable to the word of god , viz. for refusing to read the booke of sports , as you declare it in the margin , pag. 26. whether you referre us . so then the case is this . the king permits his people honest recreations on the lords day , according as had beene accustomed , till you and your accomplices had cryed it downe : with order to the bishops to see his declaration published in the churches of their severall diocesses , respectively . this publication you conceive to bee repugnant to gods word , ( though none but a few factious spirits ever so conceived it , and that your doctrine of the sabbath be contrary to all antiquity and moderne churches : ) and therefore by your rule they doe very well that refuse to publish it . it 's true indeed , in things that are directly contrary to the law of god , & such as carry in them a plaine and manifest impietie ; there is no question to be made , but it is better to obey god then man. but when the matter chiefly resteth either in misapplying , or misunderstanding the word of god , ( a fault too incidēt to ignorant & unstable men , & to none more then to your disciples & their teachers too ) or that the word of god be made a property like the pharisees corban , to justifie your disobedience unto kings and princes : your rule is then as false , as your action faulty . so for your second limitation , that 's but little better ; and leaves a starting hole to malicious persons , from whence to worke on the affections of the common people . for put the case , the king in necessary and emergent causes , touching the safety of his empire , demand the present ayde of all his subjects ; and any tribunitian spirit should informe them , that this demand is contrary unto the fundamentall lawes of state : according to your rule , the subject is not bound to obey the king , nay he might refuse it , although the busines doth concerne especially his owne preservation . but your third limitation , that of conscience , is the worst of all . for where you make the word of god to be the onely rule of conscience , you doe thereby conclude expressely that neither ecclesiasticall or civill ordinances doe binde the conscience : and therein overthrow the apostles doctrine , who would have every soule be subject to the higher powers , not for wrath onely but for conscience sake . so that in case the king command us any thing , for which we finde not some plaine precept or particular warrant in the word of god ; as if the king command all lecturers to read the service of the church in their ●oodes and surplices , before their lectures ; such his command is plainely against conscience , at least the lecturers are not bound in conscience to submit unto it , because there is no speciall precept for it in holy scripture . and certainely this plea of conscience , is the most dangerous buckler against authoritie , which in these latter ages hath beene taken up . so dangerous that were the plea allowed , and all the judgements of the king in banco , permitted to bee scanned and traversed in this court of conscience ; there were a present end of all obedience . si ubi jubeantur , quaerere singulis liceat , peunte obsequio , imperium etiam intercidit , as he in tacitus . if every man had leave to cast in his scruple , the balance of authority would be soone weighed downe . yet since you are so much agreived at the unlimited power which some gives to kings , will you be pleased to know , that kings doe hold their crownes by no other tenure , than dei gratia : and that what ever power they have , they have from god , by whom kings reigne , and princes decree justice . so say the constitutions ascribed to clements , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . so irenaeus also an antient father , cujus jussu homines nascuntur , ejus jussu reges constituuntur . and porphyrie remembreth it amongst the tenets of the essees a iewish sect , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that no man ever did beare rule but by gods appointment . holding then what they have from god , whose deputies they are , and of whose power they are partakers ; how and by whom doe you conceive they should be limited ? doubtlesse you meane to say by the lawes of the land. but then if question be demanded who first made those lawes , you must needes answere also , the kings themselves . so that in case the kings in some particulars had not prescribed limits unto themselves , and bound their owne hands , as it were to enlarge the peoples : neither the people , nor any lawes by them enacted could have done it . besides the law of monarchie is founded on the law of nature , not on positive lawes : and positive lawes i trow are of no such efficacie , as to annihilate any thing , which hath its being and originall , in the law of nature . hence is it , that all soveraigne princes in themselves are above the lawes , as princes are considered in abstracto , and extent of power ; and how farre that extent will reach , you may see in the first of sam. and 8 chap. though in concreto a just prince will not breake those lawes , which he hath promised to observe . princes are debtors to their subjects , as god to man ; non aliquid a nobis accipiendo , sed omnia nobis promittendo , as s. austine hath it . and we may say of them in s. bernards words ▪ promissum quidem ex misericordia , sed ex justitia persolvendum : that they have promised to observe the lawes , was of speciall grace ; and its agreeable to their justice to observe their promise . otherwise we may say of kings , as the apostle of the just ; iusto lex non est posita , saith the apostle , and principi lexnon est posita , saith the law of nature . doe you expect more proofe than you use to give , plutarch affirmes it of some kings . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that they did not governe onely by the law , but were above it . the like saith dion of augustus caesar , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that he was sure and had an absolute authoritie , aswell upon his lawes as upon himselfe . besides in case the power of kings were restrained by law , after the manner , that you would have it ; yet should the king neglect those lawes , whereby you apprehend that his power is limited ; how would you helpe your selfe by this limited power ? i hope you would not call a consistorie and convent him there ; or arme the people to assert their pretended liberties : though as before i said , the puritan tenet is , that you may doe both . your learned councell might have told you out of bracton , an ancient lawyer of this kingdome , omnem esse sub rege & ipsum sub nullo , sed tantum sub deo ; and horace could have told you , that kings are under none but god. reges in ipsos imperium est iovis , as he there hath it . you may moreover please to know , what gregorie of tours said once to a king of france ; si quis e nobis , o rex , justitiae tramites transcendere voluerit , a te corripi potest ; si vero tu excesseris quis te corripiet ? &c. if any of us , o king , offend against the rules of justice , thou hast power to punish him , but if thou breake those rules , who hath power to doe it ? we tell you of it , and when you list , you please to heare us , but when you will not , who shall judge you , but he that tels us of himselfe , that he is justice . this was you see the ancient doctrine , touching the power and right of kings , not onely amongst iewes and christians but in heathen states : what ever new opinion of a limited power , you have pleased to raise . but you goe further yet , and tell us of some things the king cannot do , and that there is a power which the king hath not ; what is it , say you , that the king cannot doe ? marry you say he cannot institute new rites and ceremonies , with the advise of his commissioners ecclesiasticall , or the metropolitan , according as some pleade from the act of parliament before the communion booke , pag. 65. why so ? because , according to your law , this clause of the act is limited to queene elizabeth , and not extended to her successours of the crowne . this you affirme indeede , but you bring no proofe : onely it seemes you heard so from your learned councell . you are i see of calvins minde , who tels us in his commentarie on the 7 of amos , what had beene sayd by doctor gardiner , after bishop of winchester , and then ambassadour in germany , touching the headship or supremacie of the king his master : and closeth up the storie with this short note , inconsiderati homines sunt , qui faciunt eos nimis spirituales , that it was unadvisedly done , to give kings such authority in spirituall matters . but sir i hope you may afford the king that power , which you take your selves , or which your brethren at the least have tooke before you : who in queene elizabeths time had their classicall meetings without leave or licence , and therein did ordeine new rites , new canons , and new formes of service . this you may doe , it seemes , though the kings hands are bound that he may not doe it . and there 's a power too , as you tell us , that the king neither hath nor may give to others . not give to others certainely , if he have it not ; for nemo dat quod non habet , as the saying is . but what is this ? you first suppose and take for granted , that the bishops make foule havocke in the church of god , and persecute his faithfull servants : and then suppose , which yet you say is not to be supposed , that they have procured a grant from the king to doe all those things which of late they have done , tending to the utter overthrow of religion by law established . and on these suppositions you doe thus proceede . yet whatsoever colour , pretext or shew they make for this , the king ( to speake with all humble reverence ) cannot give that power to others , which hee hath not himselfe . for the power that is in the king is given him by god , and confirmed by the lawes of the kingdome . now neither god in his law , nor the lawes of the land , doe allow the king a power to alter the state of religion , or to oppresse and suppresse the faithfull ministers of the gospell , against both law and conscience . for kings are the ministers of god for the good of his people , as wee shewed before . p. 72.73 . so you , and it was bravely said , like a valiant man. the brethren now may follow after their owne inventions , with a full securitie : for since you have proclaimed them to be faithfull ministers , no king nor keisar dares suppresse them ; or if he should , the lawes of god , and the law of the land to boote , would rise in judgement to condemne him , for usurpation of a power which they have not given him . but take me with you brother b●● and i perhaps may tell you somewhat that is worth your knowledge . and i will tell you sir if you please to hearken , that whatsoever power is in the king , is from god alone , and founded on the law of nature . the positive lawes of the land as they conferre none on him , so they confirme none to him . rather the kings of england have parted with their native royalties for the peoples good : which being by their owne consent , established for a positive law , are now become the greatest part of the subjects liberties . so that the liberties , possessions , and estates of the kings leige people , are , if you will , confirmed by the lawes of the land ; not the kings authoritie . as for the power of kings which is given by god , and founded on the law of nature , how farre it may extend in the true latitude thereof , we have said already : whether to alter the state of religion , none but a most seditious spirit , such as yours would put unto the question : his majesties pietie and zeale , being too well knowne to give occasion to such quaeres . onely i needes must tell you , that you tye up the kings hands too much , in case he may not meddle with a company of schismatickes , and refractarie persons to all power and order , onely because you have pronounced them to be faithfull ministers of the gospell . such faithfull ministers of the gospell as you and yours , must bee suppressed , or else there never will be peace and unitie in the citie of god. and yet i see you have some scripture for it , more than i supposed : kings being , as you tell us from s. paul , the ministers of god for the good of their people , and no more then so ? i thought s. paul had also told us , that the king is a minister of god , an avenger to execute wrath upon him that doth evill : yea more than so too brother b. and it may concerne you , viz. if thou doe that which is evill be afraid , for he beareth not the sword in vaine . aut undequaque pietatem tolle , aut undequaque conserva ; take the whole text along good sir , or take none at all : and if you take all be afraid , as you are advised , verbum sapienti . i must goe forwards with you yet from the authoritie of the king , to the obedience of the subject ; which you doe presse indeede , but on such false grounds , as in conclusion overthrow the whole frame of government . the absolute obedience of the subject you have dashed alreadie , and reckon it amongst those innovations in point of doctrine , which you have charged upon the prelates : and in the place thereof bring in a limited or conditionall obedience , of your owne devising ; your first condition or limitation rather , is , viz. that our subjection unto the king , is to be regulated as by gods law , the rule of universall obedience to god and man , so by the good laws of the king . p. 38. the king as you informe us p. 42. having entred into solemne and sacred covenant with all his people , to demaund of them no other obedience , but what the good lawes of the kingdome prescribe & require : as on the other side , the people swearing no other obedience to the king than according to his just lawes , pag. 39. and 40. in which restraint , there are two things to be observed , first that wee are to obey the king no farther than there is law for it , and secondly no farther than that law seemes good ; so that in case the king commands his people any thing for which he hath no positive law to warrant his command ; and of this sort are many proclamations , orders , decrees , injunctions , set out from time to time by the kings authoritie , and prerogative royall , by brother burtons rule the people are at liberty to obey or not . and on the other side , in case the said command bee grounded on some positive law which they like not of , whether it be a penall statute , or some old act of parliament almost out of use , by the reviving of the which they may be prejudiced in purse or otherwise : this is no good law in their judgement , and so no more to be obeyed than if the kings command were founded on no law at all . but your next limitation is farre worse than this , though this bad enough . for in the next place you have grounded all obedience on the peoples part , upon that mutuall stipulation which the king and his subjects make at his coronation . where the king takes an explicite solemne oath to mainteine the antient lawes and liberties of the kingdome , and so to rule and governe all his people according to those lawes established ; consequently and implicitely all the people of the land doe sweare fealtie , allegiance , subjection and obedience to their king , and that according to his just lawes , pag. 39. your inference from hence is this , that if the king so solemnely by sacred oath , ratified againe in parliament under his royall hand , doe bind himselfe to maintaine the lawes of his kingdome , and therein the rights and liberties of his subjects , then how much are the people bound to yeeld all subjection and obedience to the king , according to his just lawes , p. 40. so that according to your doctrine , the people is no longer to obey the king , than the king keepes promise with the people . nay of the two the people have the better bargaine ; the king being sworne explicitely and solemnely to maintaine their liberties ; the people onely consequently and implicitely to yeeld him subjection . is not this excellent doctrine think you ? or could the most seditious person in a state have thought upon a shorter cut to bring all to anarchie ; for if the subject please to misinterpret the kings proceedings , and thinke though falsely , that he hath not kept his promise with them : they are released ipso facto from all obedience and subjection , and that by a more easie way , then suing out a dispensation in the court of rome . you tell us , p. 129. of the kings free subjects ; and here you have found out a way to make them so : a way to make the subject free , and the king a subject ; and hard it is to say whether of the two be the greater contradiction in adjecto . i have before heard of a free people , and of free states , but never till of late of a free subject : nor know i anyway to create free subjects , but by releasing them of all obedience to their princes . and i have read too of eleuthero cilices , which were those people of cilicia that were not under the command of any king : but never reade of an eleuthero britannus , nor i hope never shall . i will but aske you one question , and so end this point . you presse the kings oath very much about maintaining of the lawes of the kingdom , as pag. 39.40 . and 42. before recited , as also , pag. 72. againe and againe , and finally in your addresse to my ll. the judges : is it by way of commemoration or of exprobration ? if of commemoration , you forget the rule ; memorem immemorem facit , qui monet quae memor meminit . but if of exprobration , what meant you , when you needed not to tell us , that in a point of civill government , it is a dangerous thing to change a kingdom setled on good lawes into a tyranny ; and presently thereon to adde a certaine speech of heraclitus , viz. that citizens ought to fight no lesse for their lawes , then for their walls . i only aske the question , take you time to answere it . chap. iii. an answere to the challenge of h. b. against his majesties actions and declarations . the king accused for breach of promise , touching the petition of right ; but falsly . his majesties declaration before the articles censured by h.b. as tending to suppresse the trueth , and advance the contrary errours . of the law of amnestie . his majesties declaration about sports condemned and censured . h. b. fall's scandalously fowle upon king james , by reason of the like declaration by him set forth . h. b. makes the people jealous of the kings intentions . his majestie accused for the restraint of preaching in infected places , contrary to his declarations , and the former practise ; and thereunto the increase of the plague imputed . his majesties chappell paralleld with nebuchadnezars golden image , and julian the apostates altar . h. b. incourageth disobedient persons , and makes an odious supposition about setting up masse in the kings chappell . from your restraint and curtailling of the kings authoritie , proceed wee to your censure of his actions and declarations which wee have separated from the other , because in this wee have some intermixture of your invectives against the bishops : your scandalous clamours against whom , in reference to their place and persons , are to follow next . and first wee will begin with the petition of right , as having some resemblance to the former point : on which you please to play the commentator and spoile a good text with a factious glosse . it pleased his majestie , being petitioned ( amongst other things ) in parliament , 1628 , that no free-man ( and not a free subject , as you phrase it ) should be imprisoned , or detained without cause shewed , and being brought to answere by due course of law : to passe his royall assent to the said petition . what comment do you make thereon ? that no man is to be imprisoned , if hee offer bayle . p. 52. you do indeed resolve it so , in your own case too ; and fall exceeding fowle on his sacred majestie , because your comment or interpretation could not be allowed of . now your case was thus . during that session , you had printed a seditious pamphlet ( as all yours are ) entituled babell no bethel ; tending to incense the commons against the king : for which , being called before the high commission , order was made for your commitment . and when you offered bayle , it was refused , you say , by my lord of london that then was , affirming that the king had given expresse charge , that no bayle should be taken for you : that thereupon you claimed the right and privilege of a subject , according to the petition of right , but notwithstanding your said claime , were sent to prison , and there kept twelve dayes , and after brought into the high commission . this is the case , as you relate it . p. 52. and 53. and hereupon , you do referre it unto the consideration of the sagest , whether that which he fathered on the king , were not a most dangerous and seditious speech , tending to possesse the by-standers , and consequently all the people of the land with a sinister opinion of the kings justice and constancy in keeping his solemne covenant made with his people , as in that petition of right . and you have noted it in the margin , p. 53. for a most impious and disgracefull speech , to bring the people into an hard conceit of his majestie , who but a little before had signed the petition of right . this is yet pressed againe both in the same , and the next page , as also in your addresse unto the judges : as if the king had violated his solemne promise made unto the people , and beare down all the rights and liberties of the subject mentioned in the said petition ; by suffering , or appointing a seditious phamphletter to be sent to prison , without bayle . but tell me sir i pray you , for i know not yet , how you could plead the benefit of that petition ; or how it could advantage you in the smallest measure . it was petitioned , that no subject being a free-man , should be committed to the prison without cause shewed , and being brought to answere in due course of law. tell me of all loves , how doth this concerne you ; or how can you complaine of being imprisoned contrary to his majesties answere unto that petition : the cause of your commitment being shewne unto you ; which was that booke of yours formerly mentioned ; and you being brought to answere in the high commission , according to due forme of law , as your selfe informe us . here was no matter of complaint , but that you have a mind to traduce his majestie , as if he had no care of his oathes and promises : more of which treacherous art to amate the people , wee shall see hereafter . besides sir , you may please to know , that your case was not altogether such as those which were complained of in the said petition , there being alwayes a great difference made between a man committed on an ecclesiasticall , and a civill crime ; and i will tell you somewhat which reflects this way . it appeares in the diarie of the parliament , 4. h. 4. what time , the statute 28. edw. 3. mentioned in the petition ( which you call ) of right , was in force and practise , how that the commons exhibited a petion that lollards arrested by the statute . 2· h. 4. should be bayled , and that none should arrest but the sheriffe , and other lawfull officers : and that the king did answer to it , le roys ' advisera . this i am bold to let you know ; take it as you please . next for his majesties declarations , you deale with him in them , as in the petition , if not somwhat worse . his majestie finding by good tokens , that some such wretched instrument as your selfe , had spread a jealousie amongst the commons in that parliament , that there was no small feare of an innovation in religion : as also , that by the intemperate handling of some unnecessary questions , a faction might arise both in the church & commonwealth : thought fit to manifest himself in two declarations . of these , the first related unto the articles of religion , in this church established , wherein his majestie hath commanded that in those curious and unhappy differences , which were then on foote , no man should put his owne sense or comment to be the meaning of the article , but take it in the literall and grammaticall sense : shutting up those disputes in gods promises , as they be generally set forth to us in holy scriptures ; and the generall meaning of the articles according to them . the second did containe the causes which moved his majestie to dissolve the parliament , anno 1628. wherin his majestie protesteth , that he will never give way to the authorising of any thing , wherby any innnovation may steale or creepe into the church , but preserve that unitie of doctrine and discipline established in the time of queene elizabeth . so farre his majestie . and those his majesties declarations , are by you either peevishly perverted , in defence of your disobedience ; or factiously retorted on his majestie , as if not observed ; or scandalously interpreted , as if intended principally to the suppression of gods trueth . i will begin first with that particular mentioned last , of which you tel us plainly , that contzen the jesuite in his politicks prescribes this rule of silencing controversies , as an excellent way for the restoring of their roman catholik religion in the reformed churches . p. 114. as also from the centuries that the authors of corruptions and errours do labour to compose all differences with an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or silencing of all disputes ; that by such counsells the emperor anastasius ▪ being a favourer of the arian heresy , was moved to burie the principall heads of controversie in an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; and finally , that the arian bishops did the like in the councell of seleucia , called by constantius an arian emperor , who did therein suppresse by perpetuall amnestie the mention of homousios and homoiousios , that so they might coine a new faith , and utterly extinguish that of the councell of nice . p 115. this you ascribe indeed unto the prelates , as an art of theirs ; but you must needs intend it of the king , whose act it was . nor doe you only misinterpret his majesties most pious act , in an undutifull & scandalous manner ; but you pervert both this and the other also to serve your turne , and sometimes factiously retort them on his majestie , as if not observed . what ever thing you challenge , or except against , that is forthwith proclaimed to be against his majesties declarations , so solemnly set out and published for satisfaction of his people : as viz. in your two epistles to his sacred majestie ; in your apology p. 6. in your addresse to the nobility . p. 23.24 . and to the judges . p. 28.30.31 . and in your pulpit pasquill p. 51.52.54.64.65.67.72.146 . and finally , no lesse then thrice in the newes from ipswich . as for example . his majestie intended by the first , that before the articles , to silence those disputes which might nourish faction ; and in the other , to nourish in his subjects a good opinion of his constancie to the religion here established : but you , and such as you , will abuse them both . you were convented , as you tell us , unto london house , for preaching on the point of predestination , and there it was objected to you , that you had done therein contrary to his majesties declaration , pag. 51. which in the margin there , you affirme to be a dangerous and false charge laid upon the king. and thereupon you answered that you never took the kings declaration to be by him intended for the suppressing of any part of gods trueth , nor durst you ever conceive a thought so dishonourable to the king , as to think him to be an instrument of suppressing gods trueth . no doubt you had good ground for so quick an answere ; and what was that ? his majestie in his declaration about the parliament , had profest as much . p. 52. here is the king against the king , one declaration against another , both by you abused , both made to serve your turne , as occasion is . but why do you thus construe his majesties words ? because , say you , it was no part of his majesties meaning to prohibit ministers , to preach of the saving doctrines of grace and salvation , without the which , the very gospel is destroyed . p. 51. the ministery of the gospel overthrowne , and nothing but orations of moralitie to be taught the people . and doth the whole ministerie of the gospel , the saving doctrines of grace and salvation , depend alone upon those difficult and dangerous points of gods secret counsells ? are all the doctrines of the gospel , matters of meere moralitie ; save those at which saint paul did stand astonished , and cryed out , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , o the depth and heigth ! cannot christ crucified profit us , rather you and your disciples ? unlesse wee must be taught , that the greatest part of mankind , is cast off for ever , without any regard had to their sinnes , and all the promises of the gospel made unto them of none effect ? or do you think that faith , and an honest life will become unprofitable , unlesse wee vexe poore people with the noise of doubtfull disputations , which saint paul prohibited . take heed sir , i advise you as a speciall friend , least that befall you , which saint austin did once complaine of , viz. lest honest , though unlearned men get heaven , whilest you with all your subtilties are excluded thence . surgunt indocti et rapiunt coelum , et nos cum doctrinis nostris , sine corde , ecce ubi volutamur in carne et sanguine . but to what purpose do i seek to charme so deafe an adder ? be the kings purposes never so sincere and pious , yet you are bold to quarrell with his declaration , and to cry out vnto the people , that the doctrines of gods grace , and mans salvation are husht , and banished out of citie and countrie ; and that there 's not a minister , one amongst a thousand , that dare cleerely and plainly according to the word of god , and the articles of our church , preach of these most comfortable doctrines to gods people , and so soundly and roundly confute the arminian heresies ( as you call them ) repugnant thereunto . p. 116. but so you will not leave the king , he must heare more yet . his declaration about lawfull recreations on the lords day , is the next you quarell with . in this you fall more fowly on him then you did before , more then a civill honest man would , or could probably have done upon his equall ; and yet you ground this too on his declaration . for thus you say . no wise and honest man can ever imagine that the king would ever intend to command that which mainly tendeth to the dishonor of god and his word , to the violation and annihilation of the holy commandement touching the sabbath , and to the alteration of the doctrine of the church of england . how so ? because , say you , this were against all those solemne royall protestations of the king , &c. p. 56. stay here a little i beseech you . how doth this businesse of the sabbath touch the declaration about dissolving of the parliament , which is cited by you . yes , in a very high degree , because , say you , it is a mighty innovation in the doctrine of the sabbath , which hath beene ever since the reformation , and so from the reigne of queene elizabeth of famous memory , constantly universally , and unanimously maintained in the church of england , pag. 57. qui semel verecundiae limites , &c. and if you proceed on a little , you will shortly blush at nothing . for the point in hand : men of farre more credit , then i trow you are , assure us , that your new doctrine of the sabbath , was never known in england , untill the yeere , 1596 ; and being made known then , not before , was neither universally , nor unanimously received , as you informe as . for had it beene a doctrine constantly maintained ever since the reformation , as you falsly say , assuredly arch bp. whitgift , had never called in those books which maintained that argument , as it 's well knowne he did in his visitation , anno 1599. nor had judge popham done the like at the assises in saint edmonds bury , in the yeere 600. you must tell likelier tales then this , or all the old wives in your parish will beshrew you for it : who cannot but remember with what harmelesse freedom they used to behave themselves , that day , in their yonger times . you stay not here , but as before you set the king against himselfe , one declaration of the kings against another ; so next , you set the king against the parliament : and tell us , that the prophanation of the sabbath or lords day , which the books seemes to give allowance to , as in sundry sports here specified , is contrary unto the statute 1. caroli , in which all unlawfull exercises and pastimes are prohibited upon that day ; and therefore dauncing , leaping , and the rest , which the book alowes of p. 57. for this you are beholding to your learned counsell , the first that ever so interpreted that statute : and thereby set the statute and the declaration at an endlesse odds . but herein you goe farre beyond him , for he only quarrelled with the living , who had power to right themselves : you lay a scandal on the dead , who are now laid to sleepe in the bed of peace : and tell us of that prince of blessed memory , king james , that the said booke for sports , was procured , compiled , and published in the time of his progresse into scotland , when he was more then ordinarily merrily disposed . p. 58. when he was more then ordinarily merrily disposed ? good sir , your meaning . dare you conceive a base and disloyall thought , and not speake it out , for all that parrhesia which you so commend against kings and princes : p. 26. leave you so faire a face with so foule a scarre : and make that peereles prince , whom you and yours did blast with daily libells when he was alive ; the object of your puritanicall , i and uncharitable scoffes now he is deceased . unworthy wretch , whose greatest and most pure devotions , had never so much heaven in it , as his greatest mirth . i could pursue you further , were you worth my labor , or rather , if to apologize for so great a prince , non esset injuria virtutum , as he in tacitus , were not too great an injurie to his eminent virtues ; and therfore i shall leave your disloyal speeches of the king deceased , to take a further view of those disloyall passages , which doe so neerely concerne the king , our now royall soveraigne . for lest the people should continue in their duty to him , being the thing you feare above all things else ; you labour what you can to take them off : at lest to terrify his majesty with a feare to lose them . for you assure us on your word , because you would have it so . p. 64. that pressing of that declaration with such cursed rigour ( as you call it ) both without and against all law , and all example , and that also in the kings name , is very dangerous , to breed in peoples mindes , as not being well acquainted with his majesties either dispositions or protestations ( still you bring in that ) i know not what strange scruples or feares , causing them to stagger in their good opinion of his majestie . and in the apologie , giving distast to cal your majesties loyall subject who hereupon grow jealous of some dangerous plot . p. 6. you would faine have it so , else you would not say it . quod minus miseri volunt , hoc facile credunt . but hereof , and how you encourage men to stand it out , wee have more to come . a man would think that you had said enough against your soveraigne , charging him with so frequent violating of his protestations , and taxing in such impudent manner his declaration about sports , as tending mainly to the dishonour of god , the prophanation of the sabbath , the annihilation of the fourth commandement , and the alteration of the doctrine of the church of england . yet that which followes next is of farre worse nature ; no lesse a crime , then pulling down of preaching , and setting up idolatry : pretty peccadillo's . for preaching first , it pleased his sacred majestie out of a tender care of his peoples safety , to ordaine a fast , by his royall proclamation to provide , that in infected parishes there should be no sermon , the better to avoid the further spreading of the sicknesse , which in a generall confluxe of people , as in some churches , to some preachers , might bee soone occasioned . this his most royall care you except against as an innovation contrary to his majesties publick declarations , p. 146. and in the newes from ipswich , you tell us also that it is a meanes to inhibit preaching , and consequently to bring gods wrath upon us to the uttermost . p. 147. you call it scornfully a mock-fast , p. 148. a mock-fast , and a dumb-fast distastfull to all sorts of people , in the ipswich newes : and in plaine language tell the king , that this restraint , with other innovations which you have charged upon the prelates , do fill the peoples minds with jealousies and fears of an universal alteration of religion , p. 147. what peoples minds are filled so i beseech you sir , but those whom you and such as you have so possessed ? i trow you have not had the people to confession lately , that you should know their minds and feares so well , as you seeme to do . but know , or not know , that 's no matter ; the king is bound to take it upon your word ; especially considering that the restraint of preaching in dangerous and infected places , and on the day of fast , when men come empty to the church , and so are farre more apt to take infection then at other times ; is such an innovation , as certainly the like was never heard of in the holy scripture , or any of the former ages ; and withall so directly contrary unto his majesties solemne protestations made unto his people . here 's a great cry indeed , but a little wooll . for how may wee be sure , that the holy scripture and all former ages have prescribed preaching as a necessary part of a publike fast , yea as the very life and soule of a fast , as you please to phrase it , both in your pulpit pasquill , p. 144. and the newes from ipswich . that so it was in holy scripture , you cite good store , as viz. 2 chron. 6.28.29.30 . chap. 7.17.14 . numb . 25.6 . to 10. ioel. 1. & 2. zeph. 2.1.2.3 . all in the margin of the newes book . of all which texts , if there be one that speakes of preaching , let the indifferent reader judge . the scripture being silent in it , how shall we know it was the custome in all former ages ? for that you tell us , in the same margine of the newes book , that so it was 1. iacobi & caroli . most fairly proved . i never knew till now , but that the world was older then i see it is . men talk of certain thousands that the world hath lasted : but we must come to you for a new chronologie . the world , my masters , and all former ages , ( which comes both to one ) contain but 34 yeares full , not a minute more . an excellent antiquarie . no marvell if his majesty be taxed with innovations , changing , as he hath done , the doctrine of the sabbath , first set on foor anno 1596 , and the right way of celebrating a publike fast , for which you have no precedent before the yeare 1603. nor can i blame the people , if they feare an alteration of religion , when once they see such dreadfull innovations break in upon them ; and all his majesties solemne protestations so soon forgotten & neglected . yet let me tell you sir , that fast and pray was the old rule , which both scriptures and the church have commended to us ; as in the texts by you remembred , and that delivered by saint paul 1. cor. 7.5 . oratio jejunium sanctificat , jejunium orationem roborat , was the fathers maxime . i never read of fast and preach , till you made the canon ; at least till you first brought it hither , if you made it not . and yet because of this , and such like terrible innovations as this , you flie out extremely . first unto gods most secret counsailes , affirming most unchristianly , and withall most shamelesly , that this restraint of preaching ( in infected places ) was the occasion that the plague increased , double to any weeke since the sicknesse beganne p. 144. that it brought with it a double increase of the plague , p. 50. an extraordinary increase the very first week of the fast , together with most hideous stormes , &c. p. 148. sir , you forget that which was taught you by the prophet , abscondita , domino deo nostro ; that secret things belong to god : and wee may aske this question of you out of holy scripture , what man hath known the mind of the lord , or who hath been his counseller ? surely , untill you usurped that honor by reason of that extraordinary calling which you so much brag of , no man ever did . yet since you are so curious in the search of causes , & wil needs tell us what occasioned so great a sicknes ; look in the last words of the second homily of obedience , and you will find that nothing drawes down greater plagues from almighty god , then murmuring & rebellion against gods annointed . next you fall foule upon his majesty , and tell him plainly in effect , but cunningly as you imagine , that if he look not better to his protestations , the beauty of his royall name will bee blasted in the annals delivered to posterity , and that in them it will be said , this king had no regard to sacred vowes , and solemne protestations . i see what chronicles we shall have when you come to write them , caesarum contumeliis referta ; there 's no question of it . from pulling downe of preaching , proceed wee next to setting up idolatry ; which how you charge the king withall , must next be shewed . you tell us , that the prelates to justifie themselves in those innovations , which you unjustly lay upon them , do plead the whole equipage , furniture , and fashion of the kings chappell , as a pattern for all churches : in which there is an altar , and bowing towards it ; crucifixes , jmages , and other guises . and why should subjects be wiser then their king ? p. 165. to this you answer , that the worship and service of god and of christ ( you wil needs separate christ from god do i what i can ) is not bee regulated by humane examples , but by the divine rule of the scriptures . in vaine do they worship me , teaching for doctrines the commandements of men . p. 165. well said ! the service in the kings chappell , and that which is conforme unto it , is a ●aine worship in the first place : and what follows next . the three children would not bow to the kings goodly golden image . the old christians would not so much as offer incense in the presence of julian the emperour at his altar , nor at his command , though he propounded golden rewards to the doers , and fiery punishment to the denyers . p. 166. this is plaine enough . here 's the kings chappell and the furniture thereof compared to nebuchadnezars golden image , and julians altar : by consequence the king resembled ●o those wicked tyrants . i now perceive what 't was you meant , when you extoll'd so highly that parrhesia , which you conceive so necessary in a child of god ; p. 26.27 . instancing there , as here , in the three children , who feared neither the kings big looks , nor furious threats ; and maris bishop of chalcedon , who comming before julian the apostata , called him atheist , apostata , and a desertor of the faith : as in elias , when he retorted king ahabs words upon him , and the stout answer which elisha made to the king of israel : adding for close of all , that it were endlesse to recite examples in this kind , except to convince the cowardice of these times . you would have every man , it seemes , as bold a bravo as your selfe ; to bid defiance to the king , at least to stand it out against all authority . for , for the proof of that brave parrhesia , which you so extoll , you instance chiefly in such opposition : as was made to kings , and therefore all your uses must be construed to reflect that way : now your fourth use is this . this makes for exceeding consolation to the church of god , especially in declining times of apostacie , ( in these dayes of lukewarmnesse and apostacie , in the proposall of your uses , p. 128. ) and when the truth is openly persecuted and oppressed , and idolatry and superstition obtruded in stead thereof : when notwithstanding we see many ministers of iesus christ , to stand stoutly to their tacklings , and rather then they will betray any part of gods truth , and a good conscience , they will part with their ministerie , liberty , lively-hood , and life too , if need were . this is that which keeps christs cause in life . this gives gods people cause of rejoycing , that they see their captains to keep their ground , and not to flie the field , or forsake their colours , or basely yeeld themselves to the enemie , &c. p. 31. they are your own words , one of the pious uses which you make of your so celebrated parrhesia , that freedome and liberty of speech against kings and princes , or whatsoever is called god , which you so specially commend unto your disciples . well then , here 's superstition and idolatry , but is there not a feare of the masse also . sure it seemes there is . for thus you close your answer , touching the equipage ( as you call it ) of the kings chappell , the fashion , and furniture thereof . lastly suppose , ( which we trust never to see , and which our hearts abhorre once to imagine ) masse were set up in the kings chappell ; is this a good argument why it should be admitted in all the churches throughout the realm of england ? p. 166 why how now zealous sir ; what ? suppositions , ifs & and 's , in such an odious intimation as setting up of masse in the kings chappell ? i will not tell you any thing of my opinion in this place , but keepe it till i meet you at the halfe turne in the close of all . onely i needs must tell you here , you might have dealt more curteously with your soveraigne and patron , as you stile him , had you the least part of that piety which you pretend to : seeing so manifestly that ( in seneca's words , jllius vigilia omnium domos , illius labor omnium otia , illius industria omnium delicias , illius occupatio omnium vacationem tueatur . the kings great care to keepe his people in wealth , peace , and godlinesse , if considered rightly , might make the vilest of us all , to serve , honour , and humbly obey him , according to gods holy word and ordinance . but you , and such as you , have a speciall priviledge : which i much muse you did not plead , when you were questioned publickely for your misdemeanours . chap. iv. a plaine discoverie of h. b. quarrells against the bishops , in reference to their calling , and their persons . h. b. displeased that the bishops doe challenge their episcopall authoritie from our saviour . the challenge of episcopall power from christ and his apostles , neither new nor strange , as h. b. pretednds . of the episcopall succession in the church of england . episcopall succession , how esteemed and valued amongst the antients . the derivation of episcopall discent from the church of rome , no prejudice vnto the hierarchy , or church , as h. b. makes it . the bishops antiently called reverend fathers . the scandalous and scornfull attributes given by h. b. to the bishops in the generall , and to some of the chiefe of them in particular . a briefe replie to all his cavills against the chiefe of those particulars . h. b. makes his addresse to all sorts of people to joyne together with the king , to destroy the bishops ; and is content to run an hazard of his own life , so it may be done . the ruine of the bishops , made by h. b. the only present meanes to remove the plague . a generall answere to these slanderous and seditious passages . let us now looke upon your dealing with my ll. the bishops , how you handle them , their place , their persons , their proceedings : who being the principall object of your malice , must not expect more civill usage , then the king their master , especially considering in cold blood how they have provoked you , by calling you forth upon the stage . however use them as you please , you have one good shelter . for if your stile seeme sharper then usuall , wee are to blame , if wee impute it not to your zeal and fidelity for god and the king , being you are to encounter those who be adversaries to both : begin then zealous sir , wee stand ready for you . first then , you quarrell with the calling , and stomack it exceedingly , that some of them should say in the high commission , being put unto it by your brother bastwick , that they had their episcopal authority from christ , and if they could not prove it , they would cast away their rochets . and so , say you , they might their capps too , for any such proofe they can bring for it . p. 68. what more ? it 's plaine that they usurpe , professe and practise such a jurisdiction , as is not annexed to the imperiall crowne of england , but with the pope and prelates of italy , they claime from christ . ibid. well then , what hurt of this ! thus you see our prelates have no other claime for their hierarchy , then the popes of rome have and doe make , which all our divines since the reformation , till yesterday , have disclaimed , and our prelates cannot otherwise assume , but by making themselves they very limbes of the pope , and so our church a member of that synagogue of rome . and this you say , because it is affirmed by dr. pocklington , that we are able lineally to set downe the succession of our bishops from saint peter to saint gregory , and from to our first archbishop saint austin , our english apostle , downwards to his grace that now sits in the chaire , &c. p. 69. thus also in the newes from ●pswich , you are much offended with the prelates , that they will needs be lord bishops , jure divino , by the holy ghosts own institution , and shame not to stile themselves the godly holy fathers of our church , and pillars of our faith , when as their fruites and actions manifest them to be nought else but step-fathers and catter-pillers , the very pests and plagues of both . and not long after , you bestow a gentle touch on dr. pocklington , calling the prelates , as your use is , the true-bred sonnes of the roman antichrist , from whom d. pocklington boasts they are lineally descended . but whatsoever be the claime from christ , or his apostles , or the church of rome ; you have found out a fitter author of the holy hierarchie ; even the spirit that beares rule in the aire , the devill . who doth not only haunt the pallaces of prelates ( perhaps he went sometimes upon your occasions ) but hath infused such a poison into the chaire of this hierarchie , as that man , who sits in it , had need to be strongly fortified with preservatives and antidotes of true reall grace , ( not nominall and titular ) that is able to overcom the infection of it . p. 106. this is the summe of what you say , or repeat rather with a nil dictum quod ; and this is hardly worth the saying by so great a rabbin , the answere being made before the objection , yet since you say it , something must bee sayd about it , and so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . your first exception is , that the episcopall authoritie is claimed from christ ; and that some of the bishops said in the high commission , that if they could not prove it they would cast away their rochets . this is no more then what had formerly beene said in the conference at hampton court ; when on occasion of saint hieromes saying , that a bishop was not divinae ordinationis : the bishop of london ( dr. bancroft ) interposed , that unlesse hee could prove his ordination lawfull out of the scriptures , he would not be a bishop foure houres . you see then this is no new saying devised but yesterday , and contrary to what hath beene the judgement of all our divines since the reformation , as you please to tell us . the learned workes of bishop bilson , entituled the perpetuall government of christs church , and those of dr. adrian saravia against your patriarke theodore beza , de diversis ministerii gradibus ; with many others of those times : shew manifestly that you are an impudent impostor , and care not what you say , so you make a noise . and yet i cry you mercy , i may mistake you ; not knowing exactly what you meane by your our divines : for if by your divines , you meane the genevian doctors , calvin and beza , viret and farellus , bucan , vrsinus , and those others of forreine churches , whom you esteeme the onely orthodox professours : you may affirme it very safely , that the derivation of episcopall authority from our saviour christ , is utterly disclaimed by your divines . calvin had never else invented the presbytery , nor with such violence obtruded it on all the reformed churches : neither had beza divided episcopatum , into divinum , humanum , and satanicum , as you know he doth . but if by our divines , you meane those worthies of the church , who have stood up in maintenance of the holy hierarchie against the clamours and contentions of the puritan faction ; or such as are conformable unto the articles and orders of the church of england : you do most shamelessely traduce them , as your custome is , and make them patrons of that tenet , which they most opposed . for tell me of a truth , who is it , which of our divines , that holds episcopall authority to be derived from any other fountaine then that of christ and his apostles ? and that conceive their ordination is not de jure divino , grounded and founded on the scriptures , and thence deduced by necessary evident and undeniable illation ? if any such there be , hee is one of yours , travers , and cartwright , and the rest of your predecessours ; men never owned for hers by the church of england . of whom wee may affirme , what the historian saith of the athenians , when besieged by sylla , animos extra moenia , corpora necessitati servientes intra muros habuerunt . geneva had their hearts , we their bodies onely . i hope you doe not here expect that i should show you what precedencie or superioritie our saviour gave the twelve apostles , before and over all the seaventie : or how the apostles in their owne persons exercised authority over other pastors ; or how they setled severall bishops in convenient places , as timothy in ephesus and titus in crete , with power of ordination , tit. 1.5 . and power of ecclesiasticall censure , 1 tim. 5.19 . or finally what successours they left behind them , in those particular sees where they most resided . this were but actum agere , to sing our old songs over , as you use to doe : and therefore i referre you to the writings of those worthies before remembred , our divines indeed . nor had i said thus much , but to let you see , that neither the claime is new , devised but yesterday ; nor by all our divines disclaimed since the reformation : both which with shame enough you are bold to say . the next thing that offends you , and you clamour of , is that they claime a visible and perpetuall succession , downe from s. peter to pope gregory , from him by austin the monke , first arch bishop of canterbury , unto his grace now being , and sic de coeteris . for by this meanes , you say , they make themselves the very limbes of the pope , the true-bred sonnes of the roman antichrist : and consequently our church a member of that romish synagogue . who would have thought but this had pleased you . for if the bishops bee the sonnes of the roman antichrist , and the church a member of the romish synagogue ; then are you acquitted : and all your clamours , raylings , and opposition , aswell against the one , as the other , may be fairely justified . but let your inference alone till another time , what is it that you quarrell in the ground thereof . is it that saint peter was at rome , or was bishop there , ( whether for 25. yeares as eusebius tell 's us , we will not dispute ) you may remember it is granted , or rather not denyed by calvin . however his minde served him to have made a question of it ; yet , propter scriptorum consensum non pugno , the evidence was so strong hee could not deny it . is it that gregory pope of rome , sirnamed magnus , after a long descent succeeded him ? the tables of succession in the church of rome make that cleare enough : and irenaeus brings downe the succession till his owne time ; during which time , the lineall succession in that church , by reason of the many persecutions under which it suffered , might be made most questionable . that gregory sent this austin into england to convert the saxons , and made him ( having before beene consecrated by the archbishop of arles ) the first archbishop of the english ; is generally delivered by all our writers , from venerable bede to these present times ; as by those also which have writ the life of the sayd pope gregory . finally that my lord the archbishop that now is , is lineally descended , in a most faire and constant tenour of succession you shall easily finde , if you consult the learned labours of mr. francis mason , de ministerio , ang●icano . the papists would extremely thanke you , and thinke you borne into the world for their speciall comfort , could you but tell them how to disprove that lineall succession of our prelates , which is there laid downe . a thing by them much studied , but conatu irrito : and never cast upon our prelates , as a staine or scandall , that they could prove their pedegree from the holy apostles , till you found it out . whatever you conceive hereof , you cannot choose but know , that the succession of the prelates in the purest times , was used as an especiall argument against those sects and heresies which were then on foote . and since you challenge dr. pocklington , for the succession of the bishops in the church of england , i will send you to him for three instances , which might have satisfied you in that point , if you will be satisfied : the first from irenaeus , l. 3. cap. 3 , 4 , 5. the second from tertullian , de praescript . cap. 11. and the last from s. austin , contra petil. l. 2. c. 51. in all of which it is apparant , ( and see them you must needs , being the occasion of his instance in the church of england ) that the succession of the bishops in their severall churches , ita ut primus sit aliquis ex apostolis , beginning their discent from some one or other of the holy apostles , hath beene a speciall meanes to confound those hereticks , which tooke up armes against the church , as some men doe now . now for your instance , you pleade , that if this rule of succession hold , our bishops are the true-bred sonnes of the roman antichrist ; and tell me then i pray you sir , whose sonne are you , that had your ordination , and received your ministrie from those bishops which were so discended , you must needes be a limb of the pope also ; like it as you list : but never feare it sir , there is no such danger as you dreame of , either that any priest or prelate in the church of england , should therefore bee a sonne of the roman antichrist ; or that the church should be a member of that romish synagogue : because wee claime by and from them , a visible succession of and in the sacred hierarchie . wee may receive our orders from them and chalenge a succession by them , from the blessed apostles ; and yet not bee partakers with them in their corruptions . when hezekiah purged the temple , and set all things right , which had beene formerly amisse in the iewish church : thinke you that the high-priests which followed after , thought it a shame to fetch their pedegree from aaron ? or doe you finde it was objected against them that did , that because some of those from and by whom they claimed it , had misbehaved themselves in so great an office , and possibly advanced idolatry in that tottering state , therefore all those that followed them and descended from them , were also guilty of the same crimes ? or to come nearer to your selfe , thinke you your ministery the worse , because you did receive it from the hands of them , whom you accuse for true borne sonnes of the roman antichrist : and that your brethren in new england will not thinke themselves the purest and most perfect church in the christian world , although they once were members of that here established which they have forsaken . t' was not the purpose of those holy men in king edwards time to make a new church , but reforme the old ; and onely to pare off those superfluities , which had in tract of time beene added to gods publicke service . in which regard , they kept on foote the priesthood and episcopate , which they had received ; with many of those rites and ceremonies to which they were before accustomed : not taking either new orders , or bringing in new fashions , never knowne before . if you have any other pedegree , as perhaps you have , from wiclif , hus , the albigenses , and the rest which you use to boast of ; keepe it to your selfe . non tali auxilio , the church of england hath no neede of so poore a shift . nor did shee ever think it fit , further to separate herselfe from the church of rome either in doctrine or ceremonie , then that church had departed from herselfe , ( when shee was in her flourishing and best estate ) and from christ her head . and so king iames resolved it at hampton court. that which remaineth touching the poison which the spirit hatt ruleth in the aire , hath infused into the chaire of the hierarchae ; and your distinction betweene nominall and reall grace , for which i make no question but you doe hugge your selfe in private : is not worth the answering . i shall produce your raylings , as i goe along , but not confute them : as knowing little credit to begotten by contending with you , and farre lesse by scolding . but where you seeme to be offended with the bishops , ●hat they should stile themselves the godly holy fathers of the church : i hope you know the title is not new nor first used by them . all ages , and all languages have so entituled them . the gretians everused to stile them , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; the latines , reverendos in christo patres ; the english our reverend fathers in god : all of them as of common course , you cannot but know it . as for that patch which followes after , viz. the pillars of our faith ; and your conceit upon them both , of caterpillers and stepfathers ; those you may heare amongst the scoffes , reviling , and reproachfull termes , which with a prodigall hand and a venemous penne , you cast upon them , every where , in your severall pasquills ; to which now i hasten . to begin therefore where we left , for fathers you have made them step-fathers ; for pillars , caterpillers ; their houses haunted , and their episcopall chaires poysoned by that spirit , that bear's rule in the ayre . these we have told you of before goe on then . they are the limbs of the beast , even of antichrist , taking his very courses to beare and beate downe the hearing of the word of god , whereby men might bee saved , p. 12. their feare is more towards an altar of their owne invention , towards an image or crucifixe , towards the sound and syllables of iesus , than towards the lord christ. pag. 15. miscreants , 28. the traines and wiles of his [ the dragons ] dog-like , flattering tayle , pag. 30. new babel-builders , 32. blind watchmen , dumbe doggs , plagues of soules , false prophets , ravening wolves , theeves and robbers of soules : which honorary attributes you bestow upon them from the magdeburgians , pag. 48. either for shame mend your manners , or never more imprison any man , for denying that title of succession , which you so bely by your unapostolicall practise . pag. 49. if the prelats had any regard either to the honour of god , and of his word , or to the setled peace of the kingdome , as they have but little , as appeareth too palpably by their practises in disturbing and disordering all , pag. 63. the prelates actions tend to corrupt the kings good peoples hearts , by casting into them feares and jealousies , and sinister opinions towards the king , as if he were the prime cause of all those grievances , which in his name they doe oppresse the kings good subjects withall , pag. 74. these factors for antichrist , practise to divide kings from their subjects , and subjects from their kings , that so betweene both they may fairely erect antichrists throne againe , pag. 75. antichristian mushromes , pag. 83. they cannot be in quiet till res novas moliendo , they may set up popery againe in her full equipage . 95. tooth and nayle for setting up of popery againe , 66. trampling under their feete christs kingdome , that they may set up antichrists throne againe , p. 99. according to that spirit of rome which breatheth in them , by which they are so strongly biassed to wheele about to their roman mistresse , pag. 108. the prelates confederate with the priests and iesuits , for rearing up of that religion . pag. 140. by letting in a forraigne enemie , which these their practises and proceedings pretend and tend unto . pag. 75. the prelates make the mother cathedralls ( the adopted daughters of rome ) their concubines whereon to beget a new bastard generation of sacrificing idolatrous massepriests throughout the land , p. 163. nothing can now stay them , but either they will breake all in peeces or their owne necke , p. 164. all this sir in your pulpit-pasquill . so also in your apologie , iesuited polypragmaticks , and sonnes of belial : and in the newes from ipswich , luciferian lord bishops , execrable traytors , devouring wolves , with many other odious names not fit to be used by christians . finally in your pulpit libell , you seriously professe that you are ashamed that ever it should bee sayd , you have lived a minister under such a prelacie , p. 49. great pittie sir , you had not lived a little in king edgars time , amongst whose lawes it was ordeined , that that mans tongue should be cut out which did speake any slanderous or infamous words , tending to the reproach of others . hitherto for the generalls . and there are some particulars , on which you spend your malice more than all the rest ; you descant trimmely , as you thinke , in the newes from ipswich , on my lord of canterbury , with your arch-pietie , arch-charitie , if belzebub himselfe had beene arch-bishop , arch-agent for the devill , and such like to those . a most triumphant arch indeed to adorne your victories . his costly and magnificent enterteinment of the king at oxford , you cry out against in your sayd pulpit libell , for a scurrilous enterlude , made in disgrace of that which is the greatest beauty of our religion , to wit true pietie , and learning ▪ and will him in this shrift to confesse , how unseemely it was for him , that pretendeth to succeed the apostles , p. 49. you taxe a certaine speech of his as most audacious and presumptuous , setting his proud foote on the kings lawes , as once the pope did on the emperours necke p. 54. in marg . and tell him that the best apologie hee can make , is that his tongue did runne before his wit , and that in the flames of his passion he had sacrificed his best reason and loyaltie . p. 55. you tell us also that the republishing of the booke [ for sports ] with some addition , was the first remarkable thing which was done presently after the lord of cant. did take possession of his grace-shippe , pag. 59. that with his right hand hee is able to sweepe downe the third part of the starres in heaven , p. 121. having a papall infallibility of spirit , whereby as by a divine oracle , all questions in religion are finally determined pag. 132. however in your generall charges , i left you to runne riot , and disperse your follies , according as you would your selfe : yet now you are fallen on a particular , and a particular as eminent in vertue as hee is in place ; you may perhaps expect a particular answer . and lest your expectation should be frustrate , i will see you satisfied . first for your language such it is , as one may thence conjecture easily what foule heart it comes from . they that have pure hearts cannot possibly have so impure a mouth : for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , out of the abundance of the heart it is that the mouth speaketh . and though your rayling accusation doth deserve no other answere , than the lord rebuke thee : yet i must tell you now , being thus put to it , that you are much mistaken in the man you drive at . and you had come more neere unto him , and the trueth it selfe , had you bestowed that character on him , which possidonius gives you of s. austin , viz. profactibus & studiis favens erat , & exultans bononum omnium , indisciplinationem pie & sancte tolenans fratrum , ingemiscens que de iniquitatibus malorum , sive eorum qui intra ecclesiā , sive eorum qui extra ecclesiam constituti sunt , dominicis lucris semper gaudens , & damnis moerens , which may thus be englished ; he was a favorer of learning a friend of goodnesse and good men , and suffered with great both patience and pietie , the inconformable aversenesse of his brethren from the publicke discipline , and grieved at the iniquitie of ill men , whether they were within the pale of the church , or without the same ; as one that alwayes was affected with the successes of gods church , according as it gained , or lost , as it thrived or faded . this character if your malice will not suffer you to apply unto him , give me leave to doe it ; and disproove any of it if you can . and i will adde withall , though you grieve to heare it , that both for the sinceritie of his conversation , as a private man , and for the pietie of his endeavours as a publicke person , you would be shrewdly troubled to finde his equall in this church , since the first reformation of religion in k. edwards time . and for a witnesse hereunto i dare call your selfe ; who making all the search you could into him , and that with a malicious eye , which commonly is wont to spie the smallest errour ; you have not yet detected him of any personall default as a private man. and as for those particular charges which you lay unto him , as a publicke person , they are so poore ( more than the clamour that they make ) that they are hardly worth the answering ▪ next for your charges , which that you may the better see , i meane to take them all as they lye in order , and speake as briefely to them , as you would desire . first for the enterteinment , of his majestie at the universitie , tell me i pray you of all loves , how would you have contrived it better , had you beene master of the ceremonies for that place and time ? would you have had a sermon ? why the king had one . would you have fitted him with academicall exercises ? there was as little want of that : orations in the fields , the church , the colledges , the convocation , and the library . would you have left out playes ? when did you ever know an academicall enterteinment of the king without them . would you have had the playes in latine ? consider that the queene was a principall guest , and they were commanded to be in english . but sir conceale your griefe no longer . i know what t is that troubles you , and makes you call it scurrillous enterlude , and say that it was made in disgrace of pietie . all that offends you is , that melancholico , a puritan passion in one of the commedies , was in conclusion marryed to concupiscentia ; in case you doe not like the wedding , why did you not come thither to forbid the banes . the spartans used to shew their drunken slaves unto their children , the better to deterre them from so base a vice . and how know you but that the representing of that humour on the open stage , may let men see the follies of it , and so weane them from it . but however the person you so grossely abuse , could not possibly have leisure , farther than in the generall to command all things should be without offence , which he most carefully did . that which you next except against , is the audatious & presumptuous speech that you so much talke of . and what was that ? assuredly no more , than that his grace , then bishop of london threatned your learned counsell mr. prinne , to lay him by the heeles for his too much sawcinesse . not as you say , ( and would have simple folke beleeve you ) for bringing a prohibition from the courts of law ; but for his insolent and irreverent behaviour intendring it unto the court of the high commission . your selfe mass . burton are not called in question , for your preaching ; but for your factious and seditious preaching : nor was hee threatned because he tendred to the court a prohibition , but because he tendred it in such a malapert and ungracious manner . this makes a difference in the case . had he behaved himselfe contra bonos more 's , before an ordinary iustice , he must have either found out suerties for his good behaviour ; or beene committed for his fault ; no remedy . and will you not allow the court of high-commission , or any prelate in the same , as much if not a little more authority , then a common iustice ? perhaps you thinke , because mass . prinne is of a factious tribunitian spirit ; he must be sancrosanct and uncontrolable as the tribunes were . when you can proove his calling to so high a place ; you may doe well to chalenge the prerogatives belonging to it . in the meane time suffer him to be taken up and censured as hee hath deserved . next for his majesties declaration about lawfull sports , you have no reason to charge that on my lord archbishop , as if it were a matter of his procuring : or if it were , to reckon it amongst his faults . his sacred majesty treading in the steps of his royall father , thought fit to suffer his good subjects to enjoy that innocent freedome , which before they did ; in using moderate and lawfull recreations on the sunday , after the divine and publicke offices of the church were ended , both for morning and evening ▪ and of the which , they had been more deprived in these latter dayes , then before they were . and it was more then time , perhaps , that somewhat should be done to represse your follies : who under a pretence of hindering recreations upon that day , had in some parts , put downe all feasts of dedications , of the churches commonly called wakes , which they which did it , did without all authority . a pious and a princely act , however you and such as you , traduce it every day in your scandalous pamphlets . nor doth it more belong to a christian king , to keepe the holy dayes by the church established , whereof that is one , from being prophaned by labour , and unlawfull pleasures ; then to preserve them , quantum in ipsis est , at lest , from being overcome with iudaisme or superstition . and you might see how some out of your principles came to have as much if not more of them iew , then the christian in them , about the time when the declaration came forth . all that my lord the archbishop had to doe therein , was to commit the publication of it to his suffragan bishops according to his maties . just will and pleasure : and if that be the thing you except against , your quarrell is not at his act , but his obedience . last of all , where you say , that with his right hand he is able to sweepe downe the third part of the starres in heaven ; and that hee hath a papall infallibility of spirit , by which as by a divine oracle all questions in religion are finally determined : that onely is put in because you have a minde to charge on him those innovations , as you call them , that you complaine of in the church . what innovations you have noted wee shall see hereafter ; when they will prove to be no other then a sicke mans dreame . i onely tell you now , that in all the hierarchy , you could not possibly have pitched on one lesse liable and obnoxious to the accusation . for being vir antiquae fidei , and antiquissimi moris , take them both together : you may be sure he neither will nor can doe any thing that tends to innovation either in faith or discipline . in case your selfe and such as you , would suffer him in quiet , to restore this church to its antient lustre ; and bring it unto that estate in which it was in queene elizabeths first time , before your predecessours in the faction had turned all decency and order out of the publicke service of almighty god : i dare presume he would not trouble you nor them , by bringing in new ordinances of his owne devising . but this if he endeavour , as hee ought to doe , you charge him presently for an innovator : not that he innovates any thing in the antient formes of worship in this church established , but that he labours to suppresse those innovations , which you and those of your discent have introduced into the same . but one may see by that which followes , that it is malice to his person , and no regard unto the church , that makes you picke out him to beare so great a share in these impudent clamours . for where his grace had tooke great care for inhibiting the sale of bookes tending to socinianisme ; and had therefore received thankes from the penne of a iesuite , as your selfe informes us : that his most pious care is by you calumniated , for prohibiting of such bookes , as exalt the sole authority of scripture for the onely rule of faith , p. 153. i see socinus and his followers are beholding to you for your good opinion : and so you may cry downe the prelates , you care not how you doe advance the reputation of such desperate heretickes . but it is now with him , and the other prelates , as heretofore it was with the primitive christians . tanti non est bonum , quanti est odium christianorum , as tertullian hath it . nor stay you here . other particulars there are which you have a fling at . you tell us of my lord of ely , whose bookes you are not fit to carry , that if he undertake an answer unto your doughty dialogue betweene a. and b. surely he will sacrifice all the remainder of his reason ( if any be left in him ) upon it . why so ? for you are sure he can neuer answer it , except with rayling and perverting , wherein lyeth his principall faculty , ( your owne you meane ) in fighting against the truth , &c. p. 127. of my lord bishop of chichester you give this item , that it were strange if such a mystery of iniquity ( as you there complaine of ) should be found in any but a prelate , and in this one by name , for a tryed champion of rome , and so devout a votary to his queene of heaven , p. 126. my lord of norwich is entituled in the newes from ipswich , by the name of little pope regulus , most exceeding prettily . and finally you tell us of those bishops that attend the court whom you include un●er the name of amasiahs ; as did your learned counsell in his histrio-mastix : that there 's not any thing more common in their mouthes then declamations against the good ministers of the land , the kings most loyall , dutifull , faithfull , obedient , peaceable subjects ; whom they accuse , you say , as factious , seditious , and turbulent persons , dissaffected to present government , enemies of the kings prerogative , and what not . p. 48.49 . so you , but were it any thing materiall , i could tell you otherwise , and make it manifest both to you and all the world , that those whom you traduce most fouly , and against whom your stomacke riseth in so vile a manner ; are such who both for their endeavours for this churches honour , fidelity unto the service of the king , and full abilities in learning , have had no equals in this church , since the reformation . this could i doe , if i conceived it proper to this place and time ; and that i did not call to minde what velleius taught me , viz. vivorum ut magna admiratio , ita censura est difficilis . nor doe you onely breath out malice , but you threaten ruine , you conjure all the kingdome to rise up against them , and magnifie those disobedient spirits , which hitherto have stood it out in defiance of them : and seeme content , in case their lives might runne an hazard , to foregoe your owne . for likening them unto the builders of the tower of babel , p. 32. you doe thus proceede . but as then so now , the lord is able by an uncouth way , which they never dreamed of , to confound them and their worke , to their eternall infamy . even so o lord. p. 33. and more then so , you tell us also by what meanes it shall come to passe , viz. that it shall rise , as it were from beneath them , whereas their height seemes to secure them from all danger , as trampling all things under feete , &c. yet by that which seemeth to them most contemptible , shall they fall from that which is below them , shall their calamity arise , p. 97. however to make all things sure , you stirre both heaven and earth against them . you let the nobility to understand , that if we sit downe thus and hide us under the hatches , whilest the romish pirats doe surprize us and cut our throates , &c. what volumes will be sufficient to chronicle to posterity , the basenesse of degenerous english spirits , become so unchristianized , as to set up antichrist above christ and his annointed , and to suffer our selves to be cheated and nose-wiped , of our religion , lawes , liberties , and all our glories , and that by a sort of bold romish mountebankes and juglers , p. 20. what then advise you to be done ? that in the name of christ they rouze up their noble and christian zeale , and magnanimous courage for the truth , and now sticke close to god and the king , in helping the lord and his annointed against the mighty . p. 23. in your addresse unto the iudges , you conjure them thus . for gods sake therefore , sith his majesty hath committed unto you the sword of iustice , draw it forth to defend the lawes against such innovators , who ( as much as in them lieth ) divide betweene the king and the people . p. 31. in that from ipswich , you and your brethren in that , made it call out upon the nation generally , saying , o england , england , if ever thou wilt bee free from pests , and iudgements , take notice of these thy antichristian prelates desperate practises , innovations , and popish designes , to bewaile , oppose , redresse them , with all thy force and power . then those of the better sort , o all you english courtiers , nobles , and others , who have any love or sparke of religion , piety , zeale , any tendernesse of his majesties honour or care for the churches , peoples , or the kingdomes safety , yet remaining within your generous brests , put to your helping hands and prayers to rescue our religion & faithfull ministers now suspended , from the jawes of these devouring wolves , and tyrannizing lordly prelates , &c. all sorts of people thus implored to promote the cause , you labour to perswade the king , in your epistle dedicatory , before the pasquill , how deepely he is ingaged to close with god and his good subjects , against all these innovators , and disturbers of the peace , and distracters of the vnity of his kingdome , especially considering whose vice-gerent he is , and before whose woefull tribunall hee must give a strict accompt , how hee hath mannaged so weighty a charge ; in the epistle to your apologie . finally in your pasquill , p. 141. you tell us how it doth concerne our gracious soveraigne , our nobles and magistrates of the land , to strengthen their hands with judgement and justice , to cut of these workers of iniquity , and to roote them out of the confines and limits of the kingdome , &c. applying so to them a passage in the booke of prayers , for the gunpowder day , intended by the church against all such as are so treacherously affected , as those traytors were . here is enough , a man would thinke , to effect the businesse ; yet this is not all . for should there come a parliament , you would adventure your owne life , to make sure worke on 't . assuring us , that if it were a law in england , as once amongst the locrians , that whosoever would propound a new law , should come with an halter about his necke , that if it pleased not the senate , the hangman was ready to doe his office ; and that if opportunity served , you would come with an halter about your necke with this proposition , that it would please the great senate of this land to take into their sad consideration , whether upon such woefull experience , it were not both more honorable to the king , and more safe for his kingdome &c. that the lordly prelacy were turned into such a godly government , as might suite better with gods word , and christs sweet yoke . p. 109.110 . nay so transcendent is your malice , that you propose a speedy execution of them as the only remedy to divert gods judgements , for thus you state the question in the newes from ipswich . is , it not then high time for his majesty to hang up such arch traytors to our faith , church , religion , and such true-bred sonnes of the romane antichrist ? and anon after more expressely . certainely till his majesty shall see these purgations rectified , superstition and idolatry removed , &c. and hang up some of these romish prelates and inquisitors before the lord , as the gibeonites once did the seaven sonnes of saul , wee can never hope to abate any of gods plagues , &c. and to the same effect , in your addresse to the nobility , all the world feele in what a distracted state things do stand , what a cloud of divine displeasure hangs over us , how ill wee thrive in our affaires , &c. certainely if such be suffred to goe on thus as they doe , god must needes destroy us . p. 24. finally , that you may seeme to shew some compassion on them , before the executioner doe his office , you thus invite them to repentance . certainely hell enlargeth her selfe for you , and your damnation sleepeth not , if you speedily repent not , p. 81. of your pulpit-libell . hanging , and hell , and all too little to appease your malice : which is advanced so high , that no chastizement of their persons , but an utter abolition of the calling , will in fine content you . you may remember what you preached once at a fast in london . where pleading for reformation under ioshua's removall of the accursed thing , you told the people , that the maine thing to be removed was that damnable hierarchy of bishops who made no matter of sincking church and state , so they might swimme in honours and worldly wealth . this is the thing you aime at , and so greatly long for : which to effect , you care not what strange course you run , so you may effect it . scelus omne nefasque hac mercede placent . thus have i briefely summed together those most uncharitable and unchristian passages , which every where occurre , dispersed and scattered in your pamphlets . and having summed them up , dare make a chalenge unto all the world , to shew me if they can , such a rayling rabsakeh , so sanguinarian a spirit , so pestilentiall a disease in a christian church . all the marre-prelates , and make-bates of the former times , with those which have succeeded since , though masters in this art of mischiefe , come so short of this , that i perswade my selfe you doe condemne them in you heart , as poore spirited fellowes , in whom there is too much of that christian prudence which you so deride . p. 28. but i forget my first intent , which was to muster up your raylings , and produce them onely ; but not to quit you with the like : though should i use you in your kinde , and lay the whip on the fooles back , it were a very easie errour , and such as possibly might receive a faire construction . nam cujus temperantiae fuerit de antonio querentem , abstinere maledictis . to speake of such a thing as you , and not flie out a little , were a kind of dulnesse . yet i shall hold my hand a while , until we meete againe at the halfe turne , where possibly i may be bold to tell you more of my opinion . meane time , i hope you doe not thinke , that all this barking at the moone , will make her either hide her head , or chang her course : or that by all this noise and clamor you can attract , the nobles , iudges , courtiers , or any other to take part with you ; and follow those most desperate counsels which you lay before them . the world is growne too well acquainted with these dotages , to be moved much at them . nor could my lords the bishops but expect before hand , what censures would be passed upon them by such tongues as yours ; if once they went about to suppresse your follies , and to reduce the church to that decent order , from which your selfe and your accomplices have so strangely wandered : howsoever their great care deserve better recompense ; yet was it very proper you should doe your kinde : and they may count it for an honour , that such a one as your selfe , hath declaimed against them . reg●um est cum bene feceris male audire . and it is very well observed by our incomparable hooker , to be the lot of all that deale in publicke affaires whether of church or commonwealth , that what men list to surmise of their doings , be it good or ill , they must before hand patiently arme their mindes to endure . besides being placed on high , as a watch-tower , they know full well how many an envious eie will be cast upon them : especially amongst such men as brother b. to whom great eminences are farre more dreadfull then great vices , and a good name as dangerous as a bad . sinistra erga eminentes interpretatio , nec minus periculum ex magna fama , quam ex mala . and herein they may comfort and rejoyce their hearts , that whatsoever sinister and malicious censures are now passed upon them ; yet there will one day come a time , in which all hearts shall be open , all desires made knowne , and when no counsels shall be hid : and then the lord shall make it knowne , who were indeed on his side , and who against him . in the meane time , suspence of censure and exercise of charity , were farre more sit and seemely for a christian man ; then the pursuite of those uncharitable and most impious courses , whereby you goe about to bring the church of god and the rulers of it , into discredit and contempt . i know assuredly , how gloriously soever you conceive of your owne deere selfe , that you are no 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , no searcher of the heart , nor no discerner of the spirits . and therefore i am bold to tell you what i have learned from venerable bede , viz. ut ea facta , quae dubium est quo animo fiant , in meliorem partem interpretemur , that all mens actions , whereof we know not the intent , should be interpreted to the better . how much the rather should this rule be in use amongst us in points of counsell : the hearts of kings ( for he hath had his share in the declamation ) being unsearchable in themselves , and unseene to us ; the resolutions of the church , grounded on just and weighty reasons , being to be obeyed , and not disputed , much lesse rashly censured . this counsell , if it come too late to you , may yet come soone enough to others ; and to them i leave it . chap. v. an answer to the quarrells of h. b. against the bishops , in reference to their iurisdiction , and episcopall government . h.b. endites the bishops in a premunire for exercising such a jurisdiction , as is not warrantable by the lawes . the bishops not in danger of any statute made by king henry the eight . the true intention of the statute , 1. eliz. c. 1. the court of high-commission in the same established . the statute 1. ed. 6. c. 2. on what ground enacted : repealed by qu. mary , and so still continueth . the use of excommunication taken away by that statute of king edward . a finall answer to the cavills about the exercise of episcopall jurisdiction . why h. b. and the brethren doe seeme to pleade so hard for the kings supremacie ; the bishops chalenged for oppressing the kings leige people ; the iudges , for not sending out their prohibitions to reteine them . h. b. the onely clergie man that stands for prohibitions . king iames his order in that case . the quality of their offence , who are suspended by their ordinaries , for not publishing the book for sports . the bishops charged with persecuting gods faithfull ministers , and how deservedly . having made knowne your good affections , unto the calling and the persons ; we must now see what you have to say against the proceedings of the bishops , in their place and calling . for sure you would not have it thought , that you have lifted up your voyce so like a trumpet , to startle and awaken the drowzie world ; and that there was no cause to provoke you to it . no , there was cause enough you say , such as no pure and pious soule could endure with patience ; their whole behaviour both in the consistory and the church being so unwarrantable . for in their consistory they usurpe a power peculiar to the supreme majestie , and grievously oppresse the subject against law and conscience : and ●n the church , they have indeavoured to erect a throne for antichrist , obtruded on it many a dangerous innovation , and furiously persecuted the lords faithfull servants for not submitting thereun●o . therefore no wonder to be made , if being called forth by christ , who hath found you faithfull , to stand in his cause , and witnesse it unto the world ; you persecute the prelacie with fire and halter , and charge them with those usurpations , oppressions , innovations and persecutions , which you have brought in readinesse to make good against them ; hoping in very little time to see their honour in the dust , and the whole government of the church committed to the holy elders , whereof you are chiefe . in case you cannot prove what you undertake , you are contented to submit to the old law amongst the locrians , & let the executioner do his office . i take you at your word , and expect your evidence : first that the prelates have usurped a power peculiar to his sacred majestie , which is the first part of your charge . how prove you that . marry say you , because of sundry statutes , as in king henry the eight , king edward the sixt , and queene elizabeths time , which doe annex all ecclesiasticall jurisdiction unto the crowne of england ; so as no prelate or other person hath any power to visit ecclesiasticall persons , &c. but he must have it immediatly from the king , and confirmed by letters patents under the great seale of england , pag. 68. so farre the tenor of the law , if you tell us true ; or rather if your learned counsell rightly informed dr. bastwicke in it , from whose mouth you tooke it . now for the practise of our prelates , you tell us that they neither have at any time , nor never sought to have any the kings letters patents under the great seale of england , for their keeping courts and visitations . but doe all in their owne names , and under their owne seales , contrary to the law in that behalfe , pag. 69. there be your major and your minor. the conclusion followes . so as being a power not derived from the king , as the immediate fountaine of it , it proves to bee at least a branch of that forreine power altogether excluded in the statute , 1. eliz. c. 1. and it is flatly against the oath of supremacie in the same statute which all prelates take , wherein they professe and promise faith and true allegiance to the queenes highnesse , her heires and lawfull successors , and to their power to defend all jurisdictions , priviledges , &c. granted to the queenes highnesse , her heires , &c. p. 70.71 . in fine you bring them all in a premunire , & leave them to the learned in the law : of which if you were one , or that your learned counsell might sit iudge , to decide the controversie ; lord have mercy upon them . for answer hereunto wee would faine know of you , where it is said , what law , what statute so resolves it , that no prelate or other person hath any power to visit ecclesiasticall persons , &c. but he must have it immediatly from the king and confirmed by letters patents under the great seale of england . none of the acts of parliament made by king henry the eight , king edward the sixt or queene elizabeth , speake one word that way . the act of the submission of the clergie , 25. hen. 8. cap. 19. on which your fond conceipt is grounded , if it hath any ground at all , saith not as you would have it say , the clergie shall not put in ure , &c. any constitutions , of what sort soever , without the kings royall assent , and authority in that behalfe : but that without the kings royall assent and authority in that behalfe first had , they should not enact or put in ure any new canons , by them made in their convocations , as they had done formerly . this law observed still by the clergy to this very day , not meeting in their convocation , untill they are assembled by his majesties writ , directed to the archbishop of either province ; nor when assembled , treating of or making any canons , without the kings leave first obteined ; nor putting any of them in execution , before they are confirmed by his sacred majestie under the broad seale of england . is there no difference gentle brother , betweene enacting new canons at their owne discretion ; and executing those which custome and long continuance of time have confirmed and ratified . if you should bee so simple as so to thinke ( as i have no great confidence either in your law or wisedome ) you may be pleased to understand , that by the very selfe same statute , all canons which be not contrariant nor repugnant to the lawes , statutes and customes of the realme , nor to the damage or hurt of the kings prerogative royall , shall be now still executed and used as they were before the making of that act , till the said canons should be viewed by the 32. commissioners in the same appointed , which not being done , as yet , ( although the said commission was revived by parliament 3 , 4. to edw. 6. c. 11. ) all the old canons quallified as before is said , are still in force . so that for exercise of any episcopall jurisdiction , founded upon the said old canons , or any of the new which have beene since confirmed by the king or his predecessours : there 's no necessity of speciall letters patents under the broad seale of england , as you faine would have it . there was another statute of king henry the eight concerning the kings highnesse to bee the supreame head of the church of england , and to have authority to reforme all errors , heresies and abuses in the same . but whatsoever power was therein declared , as due and proper to the king , is not now materiall : the whole act being repealed a. 1. & 2. ph. and m. c. 8. and not restored in the reviver of qu. eliz. 1. eliz. c. 1. in which you instance in your margin . [ nor can you finde much comfort by that statute , 1. eliz c. 1. wherein you instance , if you consider it , and the intention of the same , as you ought to doe . you may conjecture by the title of it , what the meaning is ; for it 's intituled , an act restoring to the crowne the antient jurisdiction over the state ecclesiasticall and spirituall , and abolishing all forreine power repugnant to the same . the preamble unto the act makes it yet more plaine . where it is sayd that in the time of king henry the eight , divers good lawes , and statutes were made and established , aswell for the utter extinguishment and putting away of all usurped and forreine powers and authorities out of this realme , &c. as also for the restoring and uniting to the imperiall crowne thereof the antient jurisdictions , authorities , superiorities and preheminences to the same of right belonging and apperteining : by meanes whereof the subjects were disburdened of divers great and intollerable charges and exactions before that time unlawfully taken and exacted by such forreine power and authority , as before that was usurped . which makes it manifest that there was no intent in the queene or parliament , to alter any thing in the ordinary power episcopall , which was then and had long before beene here established : but to extinguish that usurped and forreine power , which had before beene chalenged by the see of rome , and was so burdensome unto the subject . the body of the act is most plaine of all . for presently on the abolishment of all forreine power and jurisdiction , spirituall and ecclesiasticall , heretofore used within this realme , there followeth a declaration of all such jurisdictions , &c. as by any spirituall or ecclesiasticall power and authority hath heretofore or may lawfully be exercised or used for the visitation of the ecclesiasticall state and persons , and for reformation , order and correction of the same , and of all manner errours , heresies , schismes , &c. to bee for ever united and annexed to the imperiall crowne of this realme . then in the next words followeth the establishment of the high commission : it being then and there enacted that the queenes highnesse , her heires and successours , shall have full power and authority by vertue of the said act , by letters patents under the great seale of england , to assigne , name and authorise , &c. such person or persons being naturall borne subjects to her highnesse , her heires and successours , as her majestie shall thinke meete to exercise , use , occupie and execute under her highnesse , her heires and successours , all manner of iurisdictions , priviledges , and preheminences within these her realmes of england , &c. and to visit , reforme , order , redresse , correct and amend all such errours , heresies , schismes , abuses , offences ; contempts & enormities whatsoever , which by any manner spirituall or ecclesiasticall power , authority or jurisdiction , can or may be lawfully reformed , &c. plainely in all this act there is nothing contrary to that ordinary jurisdiction , which is and hath beene claimed and exercised by episcopall authority , in the church of england : nothing at all which doth concerne the purchasing or procuring of letters patents , for their keeping courts , and visitations ; as you seduced by your learned counsaile , beare the world in hand . my reason is , because whatever jurisdiction was here declared to be annexed unto the crowne , is called a restoring of the antient jurisdiction unto the same : and certainely , the ordinary episcopall power , of ordination , excommunication , and such like ecclesiasticall censures , were never in the crowne in fact , nor of right could be : and therefore could not be restored . and secondly because whatever power is here declared to be in the queene , her heires and uccessours ; shee is inabled to transferre upon such commissioners , as shee or they shall authorise under the great seale of england , for execution of the same . now we know well that there is no authority in the high commission ( which is established on this clause ) derogating from the ordinary episcopall power ; and therefore there was none supposed in the act it selfe , to be invested in the queene : the said episcopall authority remaining as it did , and standing on the selfe same grounds as it had done formerly . which said , the last part of the argument touching the oath of supremacie , taken and to be taken by every bishop , that 's already answered in the premisses : the said oath being onely framed , for the abolishment of all forreine and extraordinary power ; not for the altering of the ordinary and domesticall jurisdiction , if i so may call it , in this church established . i hope the prelates are now out of danger of the premunire , which you threatned them ; though you not out of danger of the locrian law : and if k. edward the 6. helpe you not , i know no remedie , but that according to your owne conditions , the executioner may be sent for to doe his office . now for k. edward the 6. the case stood thus . king edward being a minor about nine yeares old , at his first comming to the crowne ; there was much heaving at the church , by some great men which were about him , who purposed to inrich themselves with the spoyles thereof . for the effecting of which purpose it was thought expedient , to lessen the authoritie of those bishops which were then in place ; and make all those that were to come , the more obnoxious to the court ; upon this ground there passed a statute 1 0 of this king consisting of two principall branches : whereof the first tooke off all manner of elections , and writs of conge d'peslier , formerly in use ; the other did if not take off , yet very much abate the edge of ecclesiasticall censures . in the first branch it was enacted , that from thenceforth no writ of conge d' peslier be granted , nor election of any archbishop or bishop , by deane and chapter made ; but that the king may by his letters patents at all times , when any arch-bishopricke or bishopricke is voyde , conferre the same on any whom the king shall thinke meete . the second clause concerned the manner of proceeding from that time to be used in spirituall courts , viz. that all summons , citations , and other processe ecclesiasticall in all suites and causes of instance , and all causes of correction , and all causes of bastardie , or bigamie , or de jure patronatus , probates of testaments and commissions of administrations of persons deceased , &c. be made with in the name and with the stile of the king , as it is in writs originall or iudiciall at the common law , &c. as also that no manner of person or persons who hath the exercise of ecclesiasticall jurisdiction use other seale of jurisdiction but wherein his majesties armes bee ingraven , &c. on penaltie of running in his majesties displeasure and indignation , and suffering imprisonment at his will and pleasure . the reason of this order is thus delivered in the preamble . to the second branch , viz. because that all authoritie of jurisdiction spirituall and temporall is derived and deducted from the kings majestie , as supreame head of these churches , and realmes of england and ireland , &c. and that all courts ecclesiasticall within the said two realmes , bee kept by no other power or authoritie , either forreine , or within the realme , but by the authoritie of the kings most excellent majestie . which act , with every branch and clause thereof was afterwards repealed , 1 of queene marie , cap. 2. and hath stood so repealed to this very time . for howsoever you pretend , and all your fellow libellers insist upon it , that the said statute was revived in the first yeare of k. iames of blessed memorie , and therefore that you are yet safe from the locrian law : yet this pretence will little helpe you . that their assertion or pretences , if examined rightly will proove to be a very poore surmise ; invented onely by such boutefeus as you and your accomplices , to draw the prelates into obloquy with the common people , and make your proselytes beleeve that they usurpe a power peculiar to his sacred majestie , it being positively delivered by my lords the iudges , with an unanimous consent , and so declared by my lords chiefe iustices in the starre-chamber , the 14 of may now last past , that the sayd act of repeale 1 of queene mary , doth still stand in force , as unto that particular statute by you so much pressed ; your desperate clamours unto the contrary notwithstanding . nor doth there want good reason why the said statute of k. edward was at first repealed , or why the said repeale should bee still in force . for being it was enacted in that statute that from thenceforth all ecclesiasticall processe should bee made in the kings name and stile , not onely in all suites or causes of instance , bastardy , bigamie , probates of testaments , &c. which have much in them of a civill , or a mixt nature at the lest ; but in all causes of correction also : it came to passe that excommunication , and other censures of the church , which are spirituall meerely , & in no sort civill , were therby either quite abolished , or of none effect . and it continued so all king edwards reigne , to the no small increase of vice , because it nourished a presumption of impunitie in the vicious person . this father latimer complaineth of in his sermon preached before that king at westminster , anno 1550. thus . lecherie is used throughout england , and such lechery as is used in none other place of the world . and yet it is made a matter of sport , a matter of nothing , a laughing matter and a trifle not to be passed on , nor reformed , &c. well i trust it will one day be amended , &c. and here i will make a suite to your highnesse , to restore unto the church the discipline of christ , in excommunicating such as be notable offenders ; nor never devise any other way , for no man is able to devise any better way , than that god hath done ; with excommunication to put them from the congregation till they bee confounded . therefore restore christs discipline for excommunication . and that shall be a meane both to pacifie gods wrath and indignation , and also that lesse abomination shall be used , than in times past hath beene , and is at this day . i speake this of a conscience , and i meane to move it of a will to your grace and your realme . bring into the church of england open discipline of excommunication , that open sinnes may be stricken withall . so farre father latimer . what thinke you sir of this ? see you not reason for it now , why your sayd statute was repealed , and why the sayd repeale , should continue still . put all that hath beene sayd together , and i can see no hopes you have to scape the penaltie of the law by your selfe proposed ; but that you cry peccavi , and repent your follies . so farre in answere to your cavils , ( for arguments i cannot call them ) i have beene bold to justifie the proceedings of the bishops , in their courts episcopall : wherein there is not any thing that they usurpe upon the king , or that authoritie which is inseparably annexed to the regall diademe . for granting that all authority of jurisdiction spirituall is derived from the king , as supreme head of the church of england ( although that title by that name , be not now assumed in the stile imperiall ) and that all courts ecclesiasticall within this realme be kept by no other authoritie , either forreine or within this realme , but by authority of the kings most excellent majestie ; as is averred in the sayd preamble of king edwards statute : yet this if rightly understood , would never hurt the bishops , or advantage you . but my reason is , because that whensoever the king grants out his conge d' peslier for the election of a bishop , and afterwards doth passe his royall assent to the said election , & send his mandate to the metropolitan for consecration of the party which is so elected : he doth withall conferre upon him , a power to exercise that jurisdiction , which by his consecration , done by the kings especiall mandate , he hath atteined to . and this may also serve for answere to your other cavill ; but that bishops may not hold their courts or visitations without letters patents from the king . for were there such a law , ( as there is no such ) yet were the prelates safe enough from your praemunire : because the royall assent to the election , and mandat for the consecration , passing by broad seale , as the custome is ; inable them once consecrated to exercise what ever jurisdiction is by the canon incident to episcopall power . no neede of speciall letters parents for every act of jurisdiction , as you idly dreame . no more than if a man being made a iustice of the peace under the broad seale of england , and having tooke his oath as the law requires ; should neede for every speciall act some speciall warrant ; or any other kinde of warrant than what was given him in the generall , when first made a iustice . and yet i trow the king is the immediate fountaine also of all temporall power ; and no man dare execute authority , but from and by him . touching his majesties supremacie , more than in answere to your clamours , i shall say nothing at this present as neither of this place nor purpose . it is an argument of great weight ; fit rather for a speciall treatise , than an occasionall replication . only i will be bold to tell you , that if the kings supremacy were not more truely and sincerely , ( without any colour or dissimulation ) as the canon hath it , defended by my lords the bishops , than by such as you : it would be at a losse ere long , and setled on the vestrie wherein you preside . for wot you what king iames replied on the like occasion . when dr. reynolds in the conference at hampton court , came in unseasonably once or twice with the kings supremacie . dr. reynolds quoth the king , you have often spoken for my supremacie : and it is well . but know you any here , or any elsewhere , who like of the present government ecclesiasticall , that finde fault or dislike with my supremacie ! and ( shortly after ) putting his hand unto his hat , his matie sayd , my lords the bishops i may thanke you , that these men doe thus pleade for my supremacie . they thinke they cannot make their party good against you , but by appealing unto it , as if you or some that adhere unto you , were not well affected towards it . but if once you were out and they in place , i know what would become of my supremacie . no bishop , no king , as before i sayd . how like you this mass . burton , is not this your case ? mutato nomine de ie fabula narratur . you plead indeed for the kings supremacie ; but intend your owne . the next great crime you have to charge upon the bishops , is that they doe oppresse the kings leige people , against law and conscience . how so . because , as you informe us , prohibitions are not got so easily from the courts of iustice , as they have beene formerly : and being gotten , finde not such entertainement and obedience ▪ as before they did . this you conceive to be their fault : and charge them that by stopping the ordinary course of law , the kings people are cut off from the benefit of the kings good lawes : so as it is become very geason and a rare matter to obteine a prohibition against their illegall practises , in vexing and oppressing the kings good subjects . nay , they are growne so formidable of late , ( as if they were some new generation of giants ) that the very motion of a prohibition against a prelate , or their proceedings in the high commission , makes the courts of iustice startle ; so as good causes are lost , and innocents condemned because none dare pleade and judge their cause according to the kings lawes , whereby wee ought all to be governed , p. 69.70 . my masters of the law , and my lords the iudges , will conne you little thankes for so soule a slander , greater then which cannot be laid on the profession , or the courts of iustice . what none dare pleade , nor none dare judge according to the lawes ? so you say indeed . and more then so , in your addresse unto the iudges . what meane's , say you , that difficulty of obtaining prohibitions now adayes , whereby the kings innocent subjects ( you are an innocent indeed , god helpe you ) should be relieved against their unjust molestations and oppressions in the ecclesiastical courts , and high commission ? what meaneth that consternation of spirit among lawyers , that few or none can be found to pleade a cause be it never so just , against an oppressing prelate , and are either menaced or imprisoned if they doe . p. 29. hoc est quod palles ? is this the thing that so offends you , that prohibitions are restrained , or not sent out so frequently from the courts of law , as of late they were , to the diminishing if not annulling the authority of the court christian ? i trow you are the onely clergie-man that complaines of this . or if there be more such , they be such as you , who onely make a property of the civill courts , by them to scape their censures in the ecclesiasticall . were you so innocent , as you would have us thinke , you rather should rejoyce for the churches sake , that prohibitions flie not out so thicke , as they have done formely , to the great oppression of the clergie in their suites and businesses , especially in those which did concerne the patrimony of the church , their tithes . and if my lords the iudges , are with more difficulty mooved , to send abroad their prohibitions , then were their predecessours in the place before them ; it is a pregnant evidence of their great love to justice : nor can it but be counted an honour to them to leave every court to that which is proper to it , and for the which it was established . and god forbid the church should aske or doe any thing that should incroach upon them , or invade any of their rights . what doth this greeve your conscience also ? good sir consider with your selfe , what mischiefes clergie-men were put to , when they could scarce commence a suite , but prohibitione cautio est ; a prohibition was sent out , to stop the course of his proceedings , or if he had a sentence to reverse that also . or if you will not trouble your selfe in thinking of it , will you be pleased to heare what our late soveraigne king james hath observed therein . if ( saith he ) prohibitions should rashly , and headily be granted , then no man is the more secure of his owne , though he hath gotten a sentence with him : for as good have no law or sentence , as to have no execution thereof . a poore minister with much labor and expence , having exhausted his poore meanes , and being forced to forbeare his studie , and to become non-resident from his flocke , obtaines a sentence ; and then when he lookes to enjoy the fruites thereof , he is defrauded of all by a prohibition : and so he is tortured like tantalus , who when he hath his apple at his mouth , & that he is gaping to receive it , then must it be pulled from him by a prohibition , and hee not suffered to taste thereof . so farre the royall advocate hath pleaded the poore clergies cause . and did he nothing as a judge ? yes , he declared it to be his office , to make every court containe himselfe within his own limits ; and thereupon admonished all other courts , that they should be carefull , every of them , to containe themselves within the bounds of their owne jurisdictions ; the courts of common law , that they should not be so forward and prodigall in multiplying their prohibitions . but you will say perhaps , that your exception lieth against the stopping of the course of prohibitions , not so much , if at all , in reall , as in personall actions : and that you are offended only , because by this meanes the kings innocent subjects , are not relieved ( as you and mr. prynne once were ) from the unjust oppressions of the courts ecclesiasticall , and high commission . why , what 's the matter ? there is , you tell us , a great persecution in the church , and many a faithfull godly minister , hath beene of late suspended from his ministery , and outed of his benefice , by the prelates , in the courts aforesaid : no remedy being to be had , as in former times from the common law. for as the common rumor goeth ( at least you make a rumour of it ) the course of justice is stopped in these cases , there being none dares open his mouth to pleade a cause against the prelates . so you in your addresse to my lords the judges . p. 29. for an example of the which , as well the persecution , as the want of remedie , you instance in the ministers of surrey , who are suspended of their ministerie , and outed of their meanes and freeholds against all law and conscience : yet are so disheartned and over-awed that they dare not contend in law against their prelate , [ the lord bishop of winton ] for feare of further vexations , and are out of hope of any faire hearing in an ordinary legall way . p. 70. of your pasquill . what want of remedie can you or they complaine of , if they have not sought it : or rather if their conscience tell them , and those with whom they have advised , advertise them , that in such cases as this is , the judges cannot by the law , award a prohibition , if they should desire it . doe you conceive the case aright ? if not , i will take leave to tell you ; his maiestie having published his declaration about lawfull pastimes on the sunday , gives order to his bishops that publication thereof be made in all their severall diocesses , respectively . the bishops hereupon appoint the incumbent of every church , to read the booke unto the people ; that so the people might the better take notice of it : and finding opposition to the said appointment ; made by some refractory persons , of your owne condition , presse them to the performance of it by vertue of that canonicall obedience , which by their severall oathes they were bound to yeeld unto their ordinaries : but seeing nothing but contempt , and contempt upon contempt , after much patience and long-suffering , and expectation of conformitie to their said appointment , some of the most pervers amongst them , have in some places , beene suspended , aswell a benificio as officio , for an example to the rest . no man deprived , or outed , as you say , of his meanes and livelihood , that i heare of yet ? this is the case . which being meerly ecclesiasticall , as unto the ground , being a contempt of and against their ordinarie ; and meerely ecclesiasticall , as unto the censure , which was suspension : i cannot see what remedie you can find for them amongst the lawyers , but that which every man might give them , good and wholsome counsaile . and call you this a persecution ? when a few refractarie persons are justly punished in a legall way , for their disobedience ? for howsoever they and you pretend , that the command was contrary to the law of god , and could not be performed with a safe conscience ; yet this was onely a pretence : their reading of the booke ( had the contents thereof displeased them ) being no more an argument of their approbation of any thing therein contained ; then when a common crier reades a proclamation , which perhaps he likes not ▪ it must be therefore some association had and made amongst them , to stand it out unto the last ; and put some baffle or affront on that authoritie which had imposed it . such also is the persecution doubtlesse , which you so complaine of in the two whole counties of norfolke , and suffolke , where in a very short space , ( as you say ) there hath beene the foulest havock of ministers , and their flocks , &c. as ever our eyes have seene : there being already , as you tell us , 60 ministers suspended , and betweene 60. and 80. more having had time given them till christ-tide ( take head of christmasse by all meanes , by which time , as you say , they must either bid their good conscience fare-well , or else their pretious ministery , and necessary meanes . in all queene maries time , no such havock made , in so short a time , o● the faithfull ministers of god , in any part of , yea , or in the whole land . p. 65. the same is also told us in the newes from ipswich . nay , more then so , you tell us how one or two godly ministers ( some of your associates ) were threatned by docter corbet , chancellor of that diocesse , with pistolling and hanging , and i know not what ; because they had refused to read his majesties declaration about lawfull sports . in this you doe as shamefully belie the chancellor , as you have done the bishop in all the rest : of whose proceedings in that diocesse , i will present you with a short account , that you may see how grosly you abuse the world . and first , you may be pleased to know , that the clergie of that diocesse , comprehending all that are in spirituall dignitie or office , and all parsons , vicars , curates and schoole-masters ( taking in the lecturers with all ) amount unto the number of 1500. or thereabouts . so that in case there had beene 60. of that fifteene hundred suspended by the bishop , as you say there were ; had this beene such a terrible persecution , as you give it out for ? but yet it is not so as you tell us neither . for at the beginning of november , when you preached that pasquil , of the fifteene hundred , there were not twice fifteen , & that 's not halfe your number involved in any ecclesiasticall censure of what sort soever ; and not above sixteene suspended . sixtie and sixteene are alike in sound ; but very different in the number : and of those sixteene , eight were then absolved for a time of further triall to be taken of them ; and two did voluntarily resigne their places ; so that you have but six suspended absolutely , and persisting so . now of the residue , there was one deprived , after notorious inconformitie for 12. yeeres together , and finall obstinacie after sundry severall monitions : eight excommunicated for not appearing at the court , and foure inhibited from preaching ; of the which foure , one by his education , was a draper , another was a weaver , and the third was a taylor . where are the 60. now , that you so cry out of ? i have the rather given you this in the particulars , ( which were collected faithfully unto my hands , out of the registerie of that diocesse ) that you , and other men may see , your false and unjust clamours : the rather , because it was related to me by a friend of mine in glocestershire , that it went current there amongst your brethren , that your said 60. were suspended for no other cause , then for repeating the doxologie at the end of the lords prayer . so for your other number betweene 60. and 80. suspended upon day till christmasse ( or christide as you please to phrase it ) upon examination of the registers , there appeare but eight ; and those not all suspended neither : two being excommunicated for not appearing . eighty and eight doe come as neere in sound , as sixtie and sixteene before : but differ more a great deale in the calculation . and so much for the grand persecution in the diocesse of norwich . how doe you find it pray you , in other places ? why more or lesse say you over al the kingdom . for you complaine as truly , but more generally , p. 27. that many godly ministers in these dayes , are most unjustly , illegally , yea , and incanonically also , in a most barbarous and furious manner , suspended , excommunicated , outed of their livings , and deprived of all livelihood and means to maintaine themselves . how just soever the cause be on the prelates part , and that there be no other means to bring things to right , there where the orders of the church are so out of order , then by the exemplary punishment of the most pervers , to settle and reduce the rest : yet persecution it must be , if you please to call it so . such innocent people , as your selfe , that runne point-blanck against the orders of the church , cannot be censured and proceeded with in a legall way ; but instantly you cry out , a persecution . but thus did your fore-fathers in queene elizabeths time : et nil mirum est si patrizent filij . chap. vi. the foure first innovations charged by h. b. upon the bishops , most clearely proved to be no innovations . eight innovations charged upon the bishops by h. b. king james his order to young students in divinity made an innovation in point of doctrine : the reason of the said order ; and that it was agreeable to the old canons of this church . another order of king james , seconded by his majesty now being , with severall bookes of private men made an innovation of the bishops . no difference betweene the church of rome and england in fundamentalls . private opinions of some men , made innovations in point of doctrine . the pope not antichrist , for any thing resolved by the church of england . the doctrine of obedience and of the sabbath , not altered , but revived , explained , and reduced to what it was of old . no innovation made in point of discipline . a generall view of innovations charged upon the bishops in point of worship . bowing at the name of jesus , praying towards the east , and adoration towards the altar , no new inventions ; not standing up at the holy gospel . crosse-worship falsely charged upon the bishops . no innovation made by the bishops in the civill government . the dignity and authority of the high-commission . as is the persecution , such are the innovations also , which you have charged upon the bishops , both yours and so both false alike . yet such a neat contriver are you , that you have made those innovations which you dreame of , the cause of all that persecution which you so cry out of . for in your pasquil , it is told us , that we may see or heare at the least , of o●d heaving and shoving to erect altar-worship and jesu-worship , and other inventions of men , and all , as is too plaine , to set up popery againe ; and for not yeelding to these things ministers are suspended , excommunicated , &c. pag. 25 , and pag. 64. you ground the persecution ( as you call it ) in the diocesse of norwich , upon the violent and impetuous obtruding of new rites and ceremonies . monies . you call upon the bishops by the name of iesuiticall novell doctors , to blush and be ashamed , and tell them that they doe suspend , excommunicate and persecute with all fury gods faithfull ministers , and all because they will not , they may not , they dare not obey their wicked commands , which are repugnant to the lawes both of god and man. p. 81. if this be true , if those that bee thus dealt with bee gods faithfull ministers , and the commands imposed upon them so wicked as you say they are , contrary to the lawes both of god and man : and tending so notoriously to set up popery againe : you have the better end of the staffe , and will prevaile at last , no question . meane while you have good cause , as you please to tell us , to comfort your selfe , and blesse the name of god , in that he hath not left himselfe without witnesse , but hath raised up many zealous and couragious champions of his truth , i meane faithfull ministers of his word , who chuse rather to lose all they have , then to submit and prostitute themselves to the wicked , unjust , and base commands of usurping & antichristian mushromes : their very not yeilding in this battel being a present victory . p. 83 but on the other side , if the commands of the superior be just and pious , agreeable to the orders of the church , and all pure antiquity : then are your godly faithfull ministers no better then factious and schismaticall persons : and you your own deare self a seditious boutefeiu , so to incourage and applaud them for standing out against authority . this we shall see the better , by looking on those innovations , which as you say , the prelates of later dayes have haled in by head and shoulders , being besides and against the law of the land , and much more the law of god. p. 111. these you reduce to these eight heads , viz. 1. innovation in doctrine . 2. in discipline , 3. in the worship of god , 4. in the civill government , 5. in the altering of bookes , 6. in the meanes of knowledge , 7. in the rule of faith , and 8. in the rule of manners . it is a merry world , mean-while , when you and such as you , the innovators and novatians of the present times , complaine of other men for that very fault , of which your selves are onely guilty . quis tulerit gracchos ? but to goe with you point per point , what innovations have you to complaine of in point of doctrine ? marry , say you , there was an order procured from king iames of famous memory to the universities , that young students should not reade our moderne learned writers , as calvin ; beza , and others of the reformed churches , but the fathers and school-men . p. 111. quid hoc ad ithycli boves ? what have the bishops now alive to do with any act of king james his time : or how can this direction of that learned prince bee brought within the compasse of innovations in point of doctrine ? directions to young students how to order and dispose their studies , are no points of doctrine : nor doe i finde it in the articles of the church of england , that calvin or beza are 〈◊〉 bee preferred before saint austin or aquinas . but doe you know the reason of the said direction ? or if you do not , will you learne ? then i will tell you . there was one knight a young divine that preached about that time at saint peters in oxford , and in his sermon fell upon a dangerous point ( though such perhaps as you like well of ) viz. that the inferiour magistrate had a lawfull power to order and correct the king if he did amisse : using this speech of trajans unto the captaine of his guard , accipe hunc gladium , quem pro me si bene imperavero distringes ; sin minus contra me . for this being called in question , both in the university and before the king , he layed the fault of all upon some late divines of forraigne churches , who had misguided him in that point : especially on paraeus , who in his comment on the romans had so stated it , and in the which he found that saying of the emperour trajan . on this confession paraeus comment on that epistle was publickly and solemnly burnt at oxford , cambridge , and saint pauls crosse london : and shortly after came out that order of king james , prohibiting young ungrounded students to beginne their studies in divinity with such books as those , in whom there were such dangerous positions , tending so manifestly to anarchy and disobedience : but that they should beginne with the holy scriptures , so descendendo to the fathers , and the school men , and by degrees to those divines you so much magnifie . wh●● hurt in this good sir , but that it seemes , you are possessed with your old feare , that by this means the kings may come to have an unlimited power : and absolute obedience will be pressed more throughly on the subjects conscience . besides , you cannot but well know that generally those divines of forraigne churches are contrary in the point of discipline , unto the hierarchy and rites of the church of england : which some implicitely , and some explicitely , have opposed and quarrelled . which as it is the onely reason why you would have them studied in the first place , that so young students might be seasoned with your puritan principles : so might it be another motive , why by the kings direction they should come in last ; that students finding in the fathers , councels , and ecclesiasticall historians , what was the true and ancient kinde of governement in the church of christ , might judge the better of the modernes when they came to reade them . nor was this any new direction : neither it being ordered by the canons of the yeere 1571. cap. de concionatoribus , that nothing should bee preached unto the people , but what was consonant unto the doctrine of the old and new testament , quodque ex illa ipsâ doctrina catholici patres & veteres episcopi collegerint , and had beene thence collected by the orthodox fathers , and ancient bishops . as for your dealing with the fathers , of whom you say as virgil said of ennius , that they which reade them must margaritas e coeno legere , gather pearles out of the mud ; p. 112. that's but a tast of your good manners . nor would you slight them so , i take it , but that the most of them were bishops . but whatsoever you thinke of them , a wiser man then you hath told us , qui omnem patribus adimit authoritatem , nullam relinquet sibi . your second innovation in point of doctrine , is so like the first ; that one would sweare they were of one mans observation : and that is the procuring of another order in king james his na●● inhibiting young ministers to preach of the doctrines of election and reprobation , and that none but bishops and deanes should handle those points ? good sir what hurt in this ? are those deepe mysteries of gods secret counsailes , fit argument for young unexperienced preachers , wherein , calores juveniles excercere , to trie their manhood , and give the first assay of their abilities ? or call you this an innovacion in point of doctrine , when as for ought you have to say , the doctrine in those points continued , as before it did : onely the handling of the same was limited and restrained to graver heads . the like complaint you make of his majesties declaration before the articles , by meanes whereof you say , the doctrins of the gospell must bee for ever husht and laied asleepe . p. 114. what sir , are all the doctrines of the gospel husht and laied asleepe , because you are inhibited to preach of predestination and that not absolutely neither , but that you may not wrest the article in that point , as you were accustomed . this was the devills plea to eve , and from him you learnt it ; that god had said to our first father , hee should not eate of every or any tree in the garden of eden ; whereas he was restrained onely from the tree of knowledge of good and evill . but hereof wee have spoke alreadie , and referre you thither . hitherto also you reduce the publishing of certaine bookes , most of the which were either answer'd , or called in : and therefore you have little reason to except against them . my lord of chichesters appeale , was , as you say , called 〈◊〉 by our gracious soveraigne : and had not other men free leave to print and publish a discourse in answere to it ? the historicall narration you disliked , and that was called in too , to please you . if doctor jacksons bookes , were as you falsly tell us , to maintaine arminianisme ; i doubt not but you have in keeping , a booke invisible to any but to such as you , said to bee writ by doctor twisse , as much against his person , as against his argument . for doctor cosens private devotions , that still lieth heavy on your komacke , as not yet digested : though both your selfe and your learned counsell disgorged your selves upon him in a furious manner . brownes prayer before his sermon if you are agrieved at , you may finde the verie clause verbatim in king edwards first liturgie , anno 1549. which in that verie act of parliament , wherein the second was confirmed , is said to bee a very godly order , agreeable to the word of god , and the primitive church . as for franciscus a s. clara , being the book is writ in latine ; and printed in the parts beyond sea ; how can you charge the bishops with it : for that it hath beene printed in london , and presented to the king by a prelate , you dare not certainely affirme ; but speake it onely upon heere-say . p. 117. or were it so , yet being written in the latine , it is meete for schollers , and such as understand that language : not as your pamphlets are , proposed unto the common people , either to misinforme them , or to inflame them . as for the booke intituled the female glorie , you finde not in it , that i see by your collections , any thing positively or dogmatically delivered , contrarie unto any point of doctrine established and received in the church of england . some swelling language there is in it , and some apostrophes , i perceive by you , to the virgin marie ; which if you take for invocations , you mistake his meaning : who tells us plainly , as you cite him , p. 125. that the more wee ascribe unto her , setting invocation apart , the more gracious wee appeare in our saviours sight . no innovation hitherto in point of doctrine . from bookes set out by private men , proceed we to the opinions of some certaine quidams , which you are displeased with : and were it so , as you report it , yet the opinions of some private men , prove not in my poore logick an innovation in the doctrine by the church delivered , though contrary unto the doctrine so delivered . to make an innovation in point of doctrine , there must be an unanimous and general concurrence of minds and men , to set on foote the new , and desert the old : not the particular fancie of one private man. and yet i think , you will not find me out that particular man , that hath defended any thing contrary to the doctrine of the church of england , and passed uncensured . yes that you can , you say , for certaine . for a great prelate in the high commission court , said openly at the censure of dr. bastwick , that wee and the church of rome , differ not in fundamentalibus , but circa fundamentalia : as also that the same had beene affirmed by one choune . p. 122. suppose this true , and how comes this to be an innovation in the doctrine of the church of england . hath the church any where determined , that wee , and those of rome doe differ in the fundamentalls : if not , why doe you make this saying an innovation in the churches doctrine . the church indeed hath told us in the nineteenth article , that the church of rome hath erred , not only in their living and manner of ceremonies , but also in matters of faith : it hath not told us that that church hath erred in fundamentalls . the learned junius could have told you that the church of rome is a true church , quoad essentiam , according to the essence of a church ; lib. de eccl. cap. 7. and dr. whitakers , that there were many things in the church of rome ( baptisme , the ministery , and the scriptures ) quae ad veram ecclesiam pertinent , which properly appertaine to a true church ? an argument that neither of them thought that church had erred in fundamentalls . and certainly , if that confession of saint peter , thou art christ the sonne of the living god , matth. 16. be that rocke , on which the church of christ is founded ; as all our protestant divines affirme it is : the church of rome , doth hold as fast on that foundation , as you , or any zealot of your acquaintance ; and hath done more against the hereticks of this age , in maintenance of the divinitie of our lord and saviour , then you , or any one of your divines , be hee who he will. but for the church of rome , that it is a true church , and that wee doe not differ from them in fundamentalls , you may see further in a little booke called the reconciler ( doe not you remember it , and the occasion of it too ? ) writ by the bishop of exeter , now being : and therein the opinion of some bishops , to the selfe same purpose , and of some others also , learned men , whose judgement you preferre in other things more then any bishops . had you but throughly studied the reconciler , as you should have done , you had not made this quarrell , perhaps none at all . as for the other opinions of more private men , that have offended you , you goe on , and say , that justifi●ation by works was maintained in cambridge , at the commencement , not long agoe ; and that shelfords booke will prove justification by charitie : as also , that the said shelford , in that book , maintaineth that the pope is not antichrist , contrary , as you say , to the resolved doctrines of our church , in our homilies , and else-where . p. 122. and 123. in answere to the first of which , i hope you doe not think in earnest , that whatsoever point is ventilated , and discussed in the publike schooles , is presently conceived to be a doctrine of the church : or that there hath beene nothing handled in those disputations , but what is agreeable thereto . many things there , both are , and may be handled and propounded problematically , and argued pro and con , as the custom is ; as well for the discovery of the trueth , as the true issue of the question betweene the parties . and if you please to cast your eye upon those questions , which have beene heretofore disputed at those solemne times : how many will you find amongst them , and those of your owne speciall friends , in which the church hath not determined : or not determined so , as they have then and there been stated , and yet no clamour raised about it . nor doe you truely relate the businesse neither ; thesis not being so proposed , as you informe us : viz. that wee are justified by workes ; but onely that good workes are effectually necessary to salvation : so that the principall part of our justification , was by the doctor , then and there , ascribed to faith ; workes only comming in , as effectuall meanes to our salvation . for shelfords booke , what ever is in that maintained , should as little trouble you , if he ascribe a speciall eminencie unto charitie , in some certaine things ; it is no more then what was taught him by saint paul , who doth preferre it , as you cannot chuse but know , before faith and hope . nor doth hee attribute our justification thereunto in any other sense , then what was taught him by saint james . and here i purposed to have left you with these opinions of particular and private men , but that you tell us by the way , that by the doctrine of our church , in the homilies and elsewhere , it is resolved that the pope is antichrist . your else-where i am sure is no where , and that which you alledge from the booke of homilies , is as good as nothing . the second homilie for whitsunday , concludeth with a prayer , that by the mighty power of the holy ghost , the comfortable doctrine of christ may be truely preached , truely received , and truly followed in all places , to the beating down of sinne , death , the pope , the devill , and all the kingdom of antichrist . can you conclude from hence , that by the doctrin of the church , the pope is antichrist ? the devill assone . for they are put there as distinct things , the pope , the devill , and the kingdome of antichrist : and being put downe as distinct , you have no reason to conclude that it is resolved by that homilie , that the pope is antichrist . nor doth the 6 homilie of rebellion , say the pope is antichrist . though it saith somewhat of the babylonicall beast of rome . the whole clause is this . in king johns time the bishop of rome understanding the bruite blindnesse , ignorance of gods word , and superstition of englishmen , and how much they were inclined to worship the babylonicall beast of rome , and to feare all his threatnings and causelesse curses , hee abused them thus , &c. where certainely , the babylonicall beast of rome is not the same with the bishop or pope of rome ; but rather the abused power of that then prevalent and predominant see. or were it that the pope is meant , yet not being spoken positively and dogmatically , that the pope is , and is to be beleeved to be the babylonicall beast of rome ; it is no more to bee accounted for a doctrine of the church of england , then that it was plaine simony in the prelates then to pay unto the bishop of rome great summes of mony for their bulls , and conformations , as is there affirmed , i have yet one thing more to say unto you in this point . saint john hath given it for a rule , that every spirit that confesseth not , that jesus christ is come in the flesh , is not of god , but is that spirit of antichrist whereof you have heard &c. so that unlesse you can make good as i thinke you cannot , that the pope of rome confesseth not that jesus christ is come in the flesh , you have no reason to conclude that hee is that antichrist . hitherto we have followed you to finde an innovation in point of doctrine ; and are yet to seeke : and if wee finde it not in the next two instances both wee and you have lost our labour . there you say somewhat doubtlesse , and charge the bishop with two dangerous innovations ; one in the doctrine of obedience to superiors , the other in the doctrine of the sabbath or lords-day . these wee have met withall alreadie , and therefore shall say little here . onely i would faine learne , for i know not yet , where that conditionall obedience which you onely like of , is delivered to us by the church ; where there is any thing layed downe , for a publick doctrine , against that absolute obedience , which you so dislike , and reckon the inforcing of it , amongst the innovations made in point of doctrine ! your brethren in the conference at hampton court , put in a scruple , how farre an ordinance of the church was to binde them , without impeaching of their christian libertie : where at the king being much moved , answered , that it smelled very ranckely of anabaptisme ; adding , i charge you never to speak more to that point , ( how farre you are bound to obey ? ) when the church hath ordained it . what think you sir. heere is an absolute obedience preached to the churches ordinances . i hope you cannot tender lesse unto the orders of the king. as for that other innovation which you tell us of , about the doctrine of the sabbath ; there is indeed a mighty alteration in it , i could wish there were not : but it was made by you and yours , who litle more then 40. yeeres agone , first broached these sabbath-speculations in the church of england ; which now you presse uppon her for her antient doctrine . this hath beene shewne at large elsewhere , and therefore i will say nothing now . but where you say , that for the maintenance of that change which you lay upon them , their novell doctors , have strained the veines of their conscience no lesse then of their braines . p. 126. i am bold to tell you , that at the best you are a most uncharitable man , to judge the hearts of those , whose face you know not . for my part , i can speake for one , and take almighty god to witnesse that in the part committed to mee , i have dealt with all ingenuitie and sinceritie : and make this protestation before god and man , that if in all the scriptures , fathers , councells , moderne writers , or whatsoever monument of the church , i met within so long a search , i had found any thing in favour of that doctrine , which you so approve ; i would not have concealed it , to the suppression of a truth , for all the world . how ever you accuse me , yet my conscience doth not . delectat tamen conscientia quod estanimae pabulum , incredibili jucunditate perfusum , in lactantius language . your innovations in the points of doctrin being blowne to nothing , let us see next what is it that you have to say for the change of discipline ; the second innovation which you charge upon my lords the bishops . and here you say , that where of old the censures of the church were to be inflicted upon disordered and vicious persons , as drunkards adulterers , heretickes , apostata's , false-teachers and the like : now the sharpe edge thereof is turned mainely against gods people and ministers , even for their vertue and pietie , and because they will not conforme to their impious orders p. 127. that bishops sometimes turne the edge of their authoritie , on those who you entitle gods ministers , and people , is as true , as necessarie : but that they turne it on them even for their pietie and vertue , is both false and scandalous . iust so a brother of yours , whom i spare to name , preached once at oxford , that good and honest men were purposely excluded from preferments there , ob hoc ipsum quod pij , quod boni , onely because they were inclined to pietie and vertue . but sir , those godly folke you speake of , are godly onely in your eye , and in such as yours : and if the edge of authoritie be turned upon them , it is because they have too much of your spirit in them . the censures of the church proceed no otherwise now then of old they did . looke in the antient canons , and you shall see with what severitie the church of old did punish schismaticks and separatists : and tell mee if the church now doth not deale more mercifully with you , then of old it did . and where you seeme to intimate , that now the censures of the church are not inflicted as of old , upon disordered and vicious persons : that 's but your wonted art to traduce the bishops and make them odious to your followers . for looke unto the articles for the metropolitan visitation , of my lord of canterbury anno 1635. and for the visitation of my lord of norwich , anno 1636. both which i am sure you have perused , or any of the rest which you meete next with . looke on them well , and tell mee truely , if you can , whether there bee not speciall order for the presenting of all those vicious and disordered persons , of the kindes you mention : you could not choose but knowe this , having seene the articles : and therefore doe belie them against your conscience . and so i leave you and this point of the churches discipline : which if it bee not changed is no fault of yours , who have endeavored nothing more then to introduce a totall alteration of it . the third generall innovation which you make complaint of , is in the worship of god , which ( as you tell us ) they goe about to turne inside outward , placing the true worship which is in spirit and truth , in a will worship of mans devising . p. 128. particularly , in bowing to the name of iesus , to the communion table or rather altar , praying with their faces towards the east , standing at the reading of the gospell . as also reading their second service at the altar , and the like . p. 129. you tell us also of their teaching , practising , and preaching new formes of worship , secundum usum sarum , and setting them up againe in churches , as altar-worship , iesu-worship , image-worship , crosse-worship , and the like : and make it a plaine evidence that they have no feare of god in them . p. 15· as also , what an old heaving and shoving there is , to erect altar-worship and iesu-worship , and other inventions of men ; and that the end thereof is to set up popery againe . p. 25. the like you tell us also , p. 32. and make those rites you instance in , a degree to popery . rome , say you , was not built in one day . and rome being about to be rebuilt in this land cannot be done all at once , but it must be by degrees ; although the builders doe every day get ground , and the building goeth on a maine with incredible celority . finally , that i presse you with no more particulars , you lay it home unto them , that all their actions tend to bring in the masse ▪ p. 105. and thus you marshall the degrees . if , say you , our new refounders of popery would set up the masse-god in our churches , they cannot effect it all at once . they must first downe with tables , and up with altars . for that cause all seates must downe at the end of the chancell , that the altar may stand close to the wall , because , as their oracle saith ( arch-prelate of canterbury , in the margin ) none must sit above god almightie . and if ministers be so stiffe as not to yeeld to this innovation , at least the table must be railed about that none touch it , as being more sacred then pulpit , pewe , or font. then some adoration as lowly bowing , must be given to it . then the second service , as dainties must be said there , as being more holy then the readers pewe . what then ? surely a priest is not farre off . but where is the sacrifice ? stay a while , that service comes at last , and all these are preparations to it , tending to usher in the great god of the host , so soone as it is well baked , and the peoples stomacks fitted to digest so hard a bit . i have layed downe this place at large , because it makes a full discovery of your malicious thoughts and imaginations : as also of your full intent to amate the people , and make them apt to any desperate attempt , which you may put them to when occasion serves . but these your wicked and uncharitable surmises will soone come to nought . for if it be made evident , that those particular innovations wherewithall you charge them , are either falsely charged upon them , or no innovations : then i presume , that any charitable reader , will finde that your surmises proceeded onely from envy , hatred , malice , and all uncharitablenes , from which deliver us good lord. that which you instance first in , is bowing to the name of iesus : and where finde you that ? who presseth you , or any els to bow unto the name of iesus , suppose it written on a wall , or where else you will ? that , if it be an innovation , is no mans but yours . the church injoyneth us no such matter . for bowing at the name of iesus , that 's no innovation , made by the prelates of these times : but injoyned in the canon of the yeare 1603 , and there no otherwise enjoyned then it was before . for so the canon hath appointed , that when in the time of divine service the lord iesus shall be mentioned , due and lowly reverence shall be done by all persons present , as it hath beene accustomed . can. 8. no innovation then good sr. if so long since ordained by canon ; and an old custome too before it . a custome certainely as old as the reformation . for it is said expressely in the queenes injunctions , that whensoever the name of iesus , shall be in any lesson , sermon , or otherwise in the church pronounced , that due reverence be made of all persons young and old , with lownesse of curtesie , and uncovering of heads of the men-kinde , as thereunto doth necessarily belong , and hath beene accustomed . it 's almost fourescore yeares agoe , since that injunction ; yet then it was an antient custome : and more then custome too , conceived a necessary duty . i could informe you what is said by b. iewell in this point , did i conceiv't fit , to adde unto the publike order of the church , the testimony of a private though a learned man. yet if you please to looke , you shall see his judgment , in his reply to harding . art. 8. sect. 1. so that you see , that iesu-worship , as you call it , is no innovation : or if it be , it is as old at least in the church of england at the reformation . higher we neede not goe for your satisfaction , in this or any other of these innovations by you objected : such men as you are not regarding what hath beene done in the most pure & perfect times of the chrstian church ; but what was here observed and practised since the reformation , as before was said . otherwise we could give you sufficient evidence of this and all the other antient usages , by you termed innovations , in the church of christ , out of the fathers , councells , & other uncorrupted monumēts of true antiquity . your second instance is of bowing to the communion table , or altar rather , as you please to correct your selfe : and praying with the face towards the east . here you have to it , as before ; but ther 's no such thing done , as to it . towards it if you will , not to it , when you say grace before the table , or said your prayers in the last conventicle you were at , at the bords end : i hope you prayed not to the table , nor said grace to it . neither doe they bow to the altar , or communion table , call it which you please , which bow towards it . it was an antient custome in the primitive times , as tertullian notes in his apologeticke , ad orientis regronem precari , to turne themselves unto the east when they said their prayers ; and hath continued so till this very time : most of our churches , except some of late , being built accordingly . the fathers tell you of it more then once or twice : but what care you or such as you for the holy fathers . had calvin said as much , or beza , then it had beene somewhat . the fathers had their spots or naevi , and he that readeth them must margaritas e coeno legere , as you told us lately . well sir , upon this generall custome of praying towards the east came in that adoratio versus altare , you complaine of , though not altaris , as you charge it . when men first entred into the house of god , they used some lowly reverence to expresse or intimate that the place they stoode upon was holy ground : and because mē diduse to pray with their faces towards the east where the altar stoode , they made their reverence that way also . why should that offend you ? old people use it still , both men and women ; though now it be interpreted as a curtesie made unto the minister . if bowing towards the communion table or before it be offensive to you , at the administration of the sacrament : i would faine know upō what reasons , or why you stomack it , that men should use their greatest reverence in so great an action ? thinke it you fit , the priest should take into his hands the holy mysteries , without lowly reverence , or that it is an innovation so to doe ? then go to schoole to b. iewell , and let him teach you . harding makes mention of some gestures , which at that time the people used : as viz. standing up at the gospell , and at the preface of the masse , bowing themselves downe & adoring at the sacrament ; kneeling at other times , as when mercy & p●rdon is humbly asked . what saith the bishop unto this ? he alloweth them all kneeling saith he , bowing ( i. e. that kinde of bowing which harding speakes of ) and standing up , and other like are commendable gestures and tokens of devotion , so long as the people understandeth what they meane , and applieth them unto god. if you looke higher into the use and practise of the primitive times , you cannot misse a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 an honour to the altar ; in ignaltus ; a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a respect showne unto the holy table in dionysius de heir . cap. 2. as also an adgeniculationem aris dei , a kneeling downe before altars in tertullians time ; besides what you may finde in st. chrysostomes liturgie to the selfe same purpose . no innovation therefore , as you would have it , to bow before or towards the communion table ; or to pray with our faces towards the east , whatsoever you tell us . on then good sir , to the rest that follow , and first of standing up at the gospell , and reading the second service at the altar : what are they innovations also ? for standing up at the gospell , it was enjoyned expressely in the first liturgy of k. edward 6. and practised also , though not prescribed , under that now in use amongst us . bp. iewell , as you see allowes it , with whom you are not worthy to be named in the same day . and for the practise of it , take this of hooker . because the gospells which are weekely reade , doe all historically declare something , which our lord iesus christ himselfe either spake , did , or suffered in his owne person , it hath beene the custome of christian men , then especially , in token of the greater reverence to stand , to utter certaine words of acclamation , and at the name of iesus to bow . which harme'esse ceremonies , as he tells us , there was not any man constrained to use ; nor was it necessary : all sorts of people using them without constraint , till you and your forefather cartwright made a scruple of it . the first originall hereof is by antiquity referred to pope anastasius who lived in the 5. centurie : therefore no innovation surely . as little innovation is there , in reading the second service at the altar or communion table . the rubricke of the church appointeth , that it shall be so . compare the last rubricke before the comunion , with the first after it : and you will sooner finde your selfe an innovator in so saying , then any of the bishops in so doing . nor was it onely so appointed , and not done accordingly . for learned hooker tells us in the place last cited , that some parts of the divine service of the church are such , that being they serve to singular good purpose , even when there is no communion administred ; neverthelesse , being devised at the first for that purpose , are at the table of the lord for that cause also commonly reade ? no innovation hitherto mas . burton , but what comes after . you make a noise of image-worship and crosse-worship ; i know no such matter : no such enjoyned , that i am sure of , nor no such practised that i can heareof . if any such thing be , tell me who , and when , or i shall take you alwayes for a very false brother , that make no conscience what you say , or whom you slander . i hope you doe not meane by crosse-worship , the signing young children when they are baptized with the signe of the crosse : or if you doe , i trow you cannot take it for an innovation . nor neede you feare idolatry in that christian usage , as some clamoured once . the 30. canon hath so fully removed that feare , that they that feare it now , must be more then mad-men . thuanus , one more wise then you , is of another minde by much : conceiving that the cautious and restrictions in that canon used , have in a manner more abolished then confirmed the true and proper use of that antient ceremony . for speaking of the synode in london an. 1603. and of the canons then agreed on , he saith as followeth . crucis ceremonia in baptismate retinetur , et explicatur , sed ita et tot adhibitis cautionibus , ut sacrosancti signi reverentia omnis aboleri potius , quaem confirmari videatur . no innovations all this while , but such as you have falsly charged upon the bishops , of image-worship , and crosse-worship : and therefore all your feares of setting up the masse-god , as you call it , are all come to nought . hitherto we have found no novelty , nothing that tends to innovation in the worship of god : but a reviver and continuance onely of the antient usages which have beene practised in this church since the reformation , and were commended to it from the purest ages . and here we would have left this charge , but that you tell us p. 158. that all those rites and ceremonies which are to be used in our church are by an act of parliament prefixed to the communion booke restrained to those only which are expressed in the same booke . either you are a very unlucky lawyer , or a very bad church-man . for tell me i beseech you , where doe you finde in all that statute , that there shall be no other rites and ceremonies used in the church then are expressed in the booke of common prayer ? that all those ceremonies which are expressed in the said booke shall be observed ; the statute doth indeede informe you : but that none other shall be added , that you finde not there . the contrary you may finde there , if you please to looke . for it is said expressely that the queenes majesty may by the advise of her commissioners ecclesiasticall or metropolitane ordaine and publish such further ceremonies or rites as may be most for the advancement of gods glorie , the edifying of his church , and the due reverence of christs holy mysteries and sacraments . this you restraine unto the person of the queene affirming p. 66. that it is not to be extended to her successours in the crowne . how truely this is said , hath beene showne elsewhere . and were it so in point of law , yet a good church man as you are could not choose but know , that in the articles of the church it is acknowledged and agreed on , that the church hath power to decree rites or ceremonies . art. 20. and more then so , that every particular or nationall church , hath authoritie to ordaine , change , and abolish ceremonies or rites of the church ordained onely by mans authority , so that all things be done to edifying . art. 34. these articles you have subscribed to more then once or twice , and therefore cannot choose but know , that other ceremonies may be used in the church , then those which are expressed in the common prayer booke . nor were these articles confirmed onely in the convocation , the power and authority of the which you regard but little : but were confirmed , and subscription to the same exacted by act of parliament , as your unlearned counsaile can at large informe you . it s true , some such as you have quarrel'd with the 20. article , as if that clause of giving power unto the church , to decree rites or ceremonies , and authority in controversies of faith , were not coequall with the article , but thrust in of late : and for that cause , by some undue and sinister practise , the booke of articles was lately printed in the latine tongue , and that clause left out . but in the antient copies published in the yeare 1563. the article is intire and whole , according as it is in all those bookes of articles to which you severally subscribed . nor saith that article any more , as to the matter of ordaining ceremonies , then what is afterwards affirmed in the 34. article , as before was said : nor more then what hath positively beene affirmed by your owne divines , as you please to stile them . calvin whose judgment in this point you neither may nor can decline , hath said as much upon these words of the apostle , let all things be done decently and in order . non potest haberi , quod paulus hic exigit nisi additis constitutionibus tanquam vinculis quibusdam , ordo ipse et decorum servetur . that which st. paul requires , cannot be done , saith he without rules and canons , by which as by some certaine bondes , both order and decorum may be kept together . paraus yet more plainely , and unto the purpose ; facit ecclesiae potestatem de decoro et ordine ecclesiastico libere disponendi , et leges ferendi . so that you see the church hath power to decree rites and ceremonies in things that appertaine to order , decency , and uniformity in gods publicke service : and which is more , a power of making lawes and canons to inforce conformity unto the same , in the opinion of your owne doctors . and if it please his majesty with the advice of his commissioners or metropolitane , to ordaine new ceremonies , or if the church thinke fit to adde further rites , to those which are received already : i know no remedy either in law or conscience , but that you must submit unto them . which said we will proceede to those other innovations , which you have falsly charged upon the prelates . the fourth change is , you tell us , in the civill government , which they labour to reduce and transferre to ecclesiasticall , while they seeke to trample on the lawes of the land , and step between the king and his people , ( the prelates power overswaying the subjects right ) in the free use and benefit of the lawes , pag. 129. you make the like out-cry to my ll. the iudges , saying . doe not your wisdomes see a new generation of innovators risen up in this land , who usurping and practising a papall and antichristian power and jurisdiction , exempted from the kings lawes &c. doe thereby begin to overtop the royall throne , and trample the lawes , liberties and just rights of the kings subjects under their feete . p. 29. quid dignum tanto ? what is the ground of all this noise . nought els it seemes , but that the high commissioners thinke that court of too high a nature , to be affronted by such fellowes as your learned counsailes , of which you tell us . p. 129. and that my ll. the iudges , out of their honourable love to iustice , are not so easily moved to send their writs of prohibition to that court , as some of their predecessours were before them . and is there not good reason thinke you ? for if ( as dr. cosin pleades the case ) his majesties supreame royall authority and power ecclesiasticall granted by commission to others be as highly vested in his crowne as is his temporall : then will it be probably gathered , both of them being in their severall kindes supreme and the exercise of them committed over to others under the great seale ; that the one of them is not to be abridged , restrained , or controuled by the other . and you may also know , if you please to know it , how that it was affirmed once by k. iames of blessed memorie , in his speech at whitehall before both houses of parliament an. 1609. that the high commission was of so high a nature , that from thence there was no appellation to any other court. both courts being thus supreme in their severall kindes , and neither of them being to be abridged , restrained and controuled by the other , as long as the iudges in the high commission keepe themselves ( within their bounds ) to causes of ecclesiasticall cognizance : what reason have you of complaint , in case you cannot get a prohibition , as before you did . most likely that my ll. the iudges are growne more difficult in that kinde , as for diverse other reasons , so most especially because they see the iudges in that other court so carful , as not to meddle in any thing which may entrench upon the courts of common law or the subjects liberty . call you me this an overtopping of the royall throne , a trampling of the lawes , liberties , and just rights of his majesties subjects under their feete ? cannot so insolent a wretch as you be denied a prohibition from the courts of law , or may not mr. prynne be threatned for his sawey and irreverent carriage by the high commission : but presently you must raise an outcry , ac si anniball ad portas , as if the libertie of the subjects was indangered in the free use and benefit of the lawes , as you please to phrase it ? yet this amongst the rest you have made a cause of your seditious libelling against church and state ; as if the one were like to devoure the other ; and all were in a way to ruine , but for such zelots as your selfe , the carefull watchmen of the times . but good sir be assured there is no such danger . for as the reducing of the civill government so ecclesiasticall , which you so much feare , there must be other meanes to doe it , then by a difficulty of obtaining prohibitions from the common law. and it is never more likely to be effected , then when your selfe sit chiefe in your longed ▪ for consistory , with your lay-elders round about you . then kings and queenes and whatsoever is called god , must cast themselves before your foote-stoole , as you your selves have told us in your publicke writings : and as for businesse , the lawyers , howsoever you count them now , will have too little to maintaine them . for this is reckoned by your brethren , amongst the excellencies of your discipline , both for the wealth of the realme , and quiet of the subjects , that thy church is to censure those who are apparentle troublesome and contentious , and without reasonable cause ( which you meane to judge of ) upon a meere will and stomacke doe vex and molest their brother and trouble the country . where will your civill government be then ? and who shall send out prohibitions , when that comes to passe . chap. vii . the foure last innovations charged upon the bishops , examined severally and confuted . the alterations said to be in the common prayer-book , father of thine elect and of their seede , left out ; and why ? of bowing in the name of iesus . the alterations said to be in the booke of prayer for the fifth of november . prayers intended first against recusants aswell appliable to the puritans , as some lawes and statutes . the religion of and in the church of rome , whether it may be said to be rebellion ; and how the prelates are chalenged in that respect . the arguments produced by h. b. to prove that the religion of the ch. of rome is rebellion , are either false ; or may be turned upon himselfe . of alterations in the fast-booke . the letany of k. edward altered , because it gave offense and scandall , to those which were affected to the ch. of rome . some prayers omitted in the fast-booke ; and the reason why : the lady eliz : and her children , why left out in the present collect. in nova fert animus . your minde is still upon your metamorphosis ; more changes yet , and the next head of changes is altering the formēs of prayer : particularly the booke of common prayer , that for the fifth of november , and lastly that for the fast , set forth by his majesties appointment , an. 1636. and first , you say , in the communion booke set forth by parliament , and commanded to be read without any alteration , and none other , they have altered sundrie things p. 130. ho there . who told you that the common-prayer-booke was set forth by parliament ? thinke you the knights and burgesses of the house of commons , were busied in those times , in making or in mending prayer-bookes ? the statute 2. & 3. edw. 6. c. 1. will tell you that the common prayer booke was set forth ( in that very word ) by the archbp. of cant. and certaine of the most learned and discreete bishops , and other learned men of this realme : and being so set forth , was by authority of parliament confirmed and ratified , as it related to the subject . which course was after taken , in the review of the said booke , both in the fift and sixt of king edward the sixt , and in the first of queene elizabeth . being set forth then by the clergie , it was , as you informe us , commanded to be read without any alteration : that was indeed done by authority of parliament . doe you observe that ordinance , do not you alter it , and chop and change it every day ; at lest if you vouchsafe to reade it , as perhaps you doe not . and if it must be read without any alteration , and none other ; why doe you quarrell at the reading of the second service at the communion table before and after sermon , being there so ordered ? or use another forme of prayer then is there appointed ? remember what you tell us here , for you and i must talke about it in the next generall change . meane time what are the sundry things which you say are altered in the booke set forth by parliament . you tell us but of two , and you talke of sundry . how shall i credit you hereafter , if you palter thus in the beginning . but for those two , what are they i beseech you ? marry you say , that in the collect for the queene and the royall progenie , they have put out father of thine elect and of their seede , as it were , excluding the king , queene , and seede royall , out of the number of gods elect , p. 130. this you have told us of in your epistle to the king , and in your apologie , and the newes from ipswich . the queene is more beholding to you , then i thought shee had beene ; you take such speciall care for her election . but sir , a word before we part . who told you that this collect was set forth with the booke allowed by parliament ? i trow king edward the sixt , and queene elizabeth had no royall progenie : so that this collect could not bee then in esse when the booke was made . the first time it was made and used , was at the happie entrance of king iames on this realme of england ; neither set forth nor ratified by any parliament that hath beene since . now king iames had at his first comming hither , a royall seede ; but when his majestie the king , came unto the crowne , he was then unmarried ; and after he was married , had not children presently you know well enough . would you have had the collect passe as it did before ; father of thine elect and of their seed , when as the king , whom you must needs meane by elect in that place and prayer , had no seede at all ? i hope you see your folly now , your most zealous folly ; which made you in the newes from ipswich , on the recitall of this supposed alteration to crye out , o intollerable impietie , affront , and horred treason ; most bravely clamoured . the other alteration which you charge them with , is , that in all the common prayer bookes printed since the yeare 1619. in the epistle for the sunday before easter , they have turned in the name of iesus , to at the name of iesus : to countenance , as you say , their forced bowing to the name of iesus ; ( you are still for to it . ) such change there is indeede , but yet no alteration from the booke or text ; the bishops bible , as they call it , out of the which the epistles and gospells were first taken readeth at the name : and so doth bishop iewell too , citing this very text in the place and passage noted to you in the last chapter . and if you looke into the bible of the last translation , you finde that it is therein also , at the name of iesus : so that you have no reason to repine at this , which is a restitution onely of the proper reading , and no change at all . the second booke which they have altered , as you say , is that appointed to bee read on the fifth day of november , published by authority of parliament , p. 131. set forth by act of parliament , p. 41. in the margent ordered by parliament , in the second p. of your apologie , ordered , set forth and published , all by parliament , and yet the parliament did nothing in it . all that was done by parliament was that the day of that deliverance was appointed for a kinde of holy day , wherein the p●ople were to meete together to set forth gods glory : and it was there enacted also , that upon every such day , that very statute of the institution , should be read publickly to the congregation . of any forme of prayer , set forth , or afterwards to be set forth , ne gry , i am sure , in all that statute . the booke was after made and published by the kings authority without the trouble of a parliament . however being set out , and published , though not by parlament , you cannot but be grieved at the alterations . well what are they . first you complaine , that whereas in the former booke there was this passage , roote out that babilonish and antichristian sect which say of hierusalem , &c. in the edition a. 1635. it is set downe thus , roote out that babilonish and antichristian sect of them which say of hierusalem , &c. here 's of them added more then was . and this you thinke doth make a great and fearefull difference . for whereas in the originall it was plainely meant , that all iesuites , seminary priests and their confederates are that babilonish and antichristian sect , which say of hierusalem , &c. this latter booke either restraines it to some few that are of that mind , or else mentally transferres it on those puritans that cry downe with babilon , that is , poperie , which these men call hierusalem , and the true catholick religion , p. 130 , 131. it seemes you have a guilty conscience , you would not start so much at this else . quid prodest non habere conscium , habenti conscientiam , sayd the father rightly . that babylonish sect which say , and that babylonish sect of them which say make 's so little difference : that were you not guilty to your selfe , of many ill wishes against hierusalem , you would not have so stomacked at the alteration . and being that it is confessed by you , their oracle , that the puritans doe cry downe with our hierusalem , by them called poperie : they come within the compasse of the prayer , take which forme you list , either that babilonish sect , or that babilonish sect of them . nor is it strange that so it should bee . for howsoever the iesuites , priests and their confederates were at first intended : yet if the puritans follow them in their designes of blowing up the church and state , and bringing all into a lawlesse and licentious anarchie ; the prayer will reach them too , there 's no question of it . the statute , 1. eliz. c. 2. confirmatorie of the common prayer booke , hath ordained severall penalties for such as shall deprave the said booke of common prayer , or obstinately refuse to use it , or use any other forme of prayer then that there appointed : as also a particular mulct of 12d , toties quoties upon every man that doth absent himselfe from church on sundaies and holy dayes . this was intended at the first against recusants there being then no puritans in rerum natura . and may not therefore all the penalties therein contained , be justly laid upon the puritans , if they offend in any of the kinds before remembred ? the like may also be affirmed of the high commission , established hereby at the first , for the correction and reduction of the papists , being then the onely opposite partie to the church : and yet you know , the high commissioners may take a puritan to taske , if they finde him faulty . that which you next complaine of , is that whereas in the old booke , the prayer went thus , cut off these workers of iniquity , whose religion is rebellion , whose faith is faction : it is now altered into this , who turne religion into rebellion , and faith into faction . hereupon you inferre , that these innovators would not have the popish religion to bee termed rebellion , and their faith faction , as the antient copie plainely shewes it to be : but turne it off from the religion to some persons , which turne religion into rebellion , and faith into faction , so as by this turning they plainely imply , that the religion of papists is the true religion , and no rebellion , & their faith the true faith , & no faction , p. 131. you make another use of it in your apologie , and tell us that it tendeth to justifie and extenuate notorious treasons & traytors , and to usher in poperie , superstition and idolatry , p. 3. here is a change indeede , you say right in that ; but that which you inferre thereon , is both false and sc●ndalous . for taking it for granted , that they by whose authority the said clause was altered , thought it not fit to call the religion of the church of rome rebellion , or the faith therein professed , faction : must it needs follow thereupon , that by so doing they imply , that that religion is the true religion , and that faith the true faith . there 's a non sequitur with a witnesse . there is a kinde of religion amongst the turkes . because i cannot say that their religion is rebellion ; doe i imply so plainely ( as you say they doe ) that therefore their religion is the true religion . and there 's a faith too questionlesse among the severall sects of christians in the easterne , muscovite , and african churches . because i thinke not fit to say of any of them , that their faith is faction must i conclude astringently , therefore the faith profest by each particular sect , is the true faith . you might well tax me should i say the one ; and i may laugh at you for concluding the other . adeo argumenta ex falso petita , inepto habent exitus , as lactantius hath it . your use is yet more scandalous , then your inference false . for how doth this tend to justifie and extenuate notorious treasons and traytors . the treasons and the traytors stand as before they did , unlesse the staine be laid more deepe upon them then before it was . before the imputation seemed to rest on the faith it selfe : which being a generall accusation concerned no more the guilty , then it did the innocent . but here it resteth where it ought , upon the persons of the traytors , who are not hereby justified , or their crime extenuated : but they themselves condemned , and the treason aggravated in an higher manner . that which comes after of ushering in poperie , superstition and idolatry , is but your ordinary flourish , one of your generall calumnies ; and needes not a particular answer . o but say you , and undertake to make it good , the very religion is rebellion , and the faith is faction : and therefore there was somewhat in the chang which deserved that censure . that their religion is rebellion , you prove two wayes . first because the iesuites and seminary priests refuse to take the oath of supremacie , which is injoyned to all papists , 3. iac. c. 4. you must needes shew your law , you have such store of it . for speake man , was the oath of supreamacie enacted 3. iacobi . then am i out againe , for my bookes tell me it was 1 elizabethae . in your apologie you place the oath of alleigance 1. elizabethae , and here to make your ignorance the more remarkeable , you place the oath of supremacie 3. iac. cujus contrarium verum est . the oath of alleigeance t is you meane . and sure you will not say , all seminarie priests and lay-papists refuse the oath of alleigeance ; considering that of each sort , some have written very learnedly in defence thereof : therefore according to your way of disputation , the religion of all papists is not rebellion , and consequently their faith not faction . the second proofe you offer , is , that by doctor iohn white and dr. cracanthorp it is affirmed that the church of rome teacheth disloyaltie and rebellion against kings ; that popish authors doe exalt the popes power over kings ; that some of thē have sayd that christian kings are dogges , which must be ready at the shepheards hand , or else the shepheard must remove them from their office . p. 134.135 . this argument is full as faulty as the other was ; and will conclude as much against your selfe and the puritan faction , as any papist of them all . the citizens of geneva expelled their bp. as the calvinians in emden , did their earle ; being their immediate lords and princes . (a) calvin hath taught us that the three estates (b) paraeus that the inferiour magistrate , & (c) buchanan that the people may correct and controule the prince ; and in some cases too depose him . and you mass . burton have condemned that absolute obedience unto kings and princes which is due to them from their subjects ; and that unlimited power which is ascribed unto them , because theirs of right . therefore we may from hence conclude , or else your argument is worth nothing , that out of doubt the puritan religion is rebellion , and their faith faction . as for your generall challenge , p. 191. viz. what one protestant can they bring that ever committed treason against his king , or lifted up an hand against his sacred person : i leave it to the papists to make answere to it , to whom your chalenge is proposed . but i could tell you in your eare , ( which i would to god were otherwise ) of more than one or two twice told and twice told to that , protestants of that sort which you most labour to defend , and make to bee the onely right ones . had you distinguished as you ought , betweene the doctrines of that church , and the particular either words or actions of particular men : you had not made so rash a venture , and lost more by it than you got . so then the religion of the church of rome not being in it selfe rebellion , though somewhat which hath there beene taught may possibly have beene applyed to rebellious purposes ; there is a little feare that their faith is faction : and so the alteration not so grievous as you faine would have it . what further reason there was in it you shall see anon . the third booke , altered as you say , is that set sorth by the king for the publicke fast , in the first yeare of his reigne : and which his majestie by his proclamation commanded to be reprinted and published , and so reade in the church every wednesday . what finde you altered there ? in the first collect , as you tell us , is left out this remarkeable pious sentence intirely , viz. thou hast delivered us from superstition and idolatry , wherein we were utterly drowned , and hast brought us into the most cleere & comfortable light of thy blessed word , &c. and then you ad ; loe here these men would not have popery called superstition and idolatry , nor would they have the word of god so commended , as that cleare and comfortable light , which teacheth us all duties both to god and man. p. 142. this is the last of all these changes , which tend , as you informe us , to bring in popery ; and therefore i will tell you here , what i conceive to be the reason of those alterations which you so complaine of . you cannot chuse but know , ( because i think you have it in your pamphlet against d cosens ) that in the letanie of king edward 6. there was this clause , viz. from the tyrannie of the bishop of rome , and all his detestable enormities , from all false doctrine &c. good lord deliver us . this was conceived to be , as indeede it was , a very great scandall and offence to all those in the realme of england , which were affected to the church of rome : and therefore in the liturgie of queene elizabeth , it was quite left out . had you beene then alive , you might perhaps have quarrelled it , and taxed those learned men that did it , of popery , innovation , & i know not what : and then conclude it that they would have the people think that there was neither tyrannie in the pope , nor any detestable enormitie in the church of rome . but as that then was done with a good intent , and no man quarrelled for it that i can heare of : why should you thinke worse of the changes now or quarrell that authoritie which gave order for it , before you knew by whose authority it was so done , conceive you not that those , who in this kingdome , are affected to the church of rome ; are not as apt to take offence now , as they were before ; or that there is not now as much consideration to bee had of those which are that way affected , as was in any part of the said queenes time ? the matter being of no greater moment than this is , how great soever you pretend it . most of our faults before have beene of commission ; but these that follow , most of them are omission● onely . first you except against the leaving out of the whole prayer , it had beene best for us , &c. and this was done with an alas , because therein was commended the profitable use of continuall preaching the word of god , p. 142. the newes from ipswich calls it , the most effectuall prayer of all , because it magnifies continuall often preaching , &c. and call's our powerfull preachers gods servants . say you me so ? then let us looke upon the prayer , where i perswade my selfe there is no such matter . all that reflects that way is this . it had beene also well , if at thy dreadfull threates out of thy holy word , continually pronounced unto us by thy servants our preachers , we had of feare ; as corrigible servants , turned from our wickednesse . this all , and in all this where doe you finde one word that magnifies continuall preaching , or that takes any notice of your powerfull preachers , quorum pars ego magna , as you boast your self . cannot the dreadfull threats of gods holy word , be any other way pronounced , and pronounced continually by gods servant , then by the way of sermons only , or if by sermons onely , by no other preachers than those whom you stile powerful preachers , by a name distinct ? i trow the reading of gods word in the congregatiō , presents unto the people more dreadfull threats , then what you lay before them in a sermon ; and will sinke as deepe : therefore assuredly there was some other reason for it , then that you dreame of . ●nd thinke you that it might not be , ( there being prayers enough without it ) because in the whole tenor of it , it soundeth rather like a complaint or a narration , then a prayer ? two other prayers you finde omitted , the one for the navie , and the other for seasonable weather : as if a forme of prayer fitted for a particular time and purpose , must be still observed ; when there is no such cause to use it , as at first to make it . the navie then went out against a great and puissant monarch , to set upon him on his owne coasts , many leagues from home : the honour and the fortune of the kingdome being layed at stake . now it keepes onely on our owne coasts , without an enemie to bid battaile or to cope withall : and rather is set forth to prevent a danger , then to remove it being come . the cases being different , must we needes use the prayers which were then set forth ? what thinke you of this clause , lord turne our enemies sword into their owne bosome ; would that be proper at this time , when as his majestie is at peace with all his neighbours ? had you not longed to picke a quarrell ; i finde not any thing in this , that might provoke you : nor could you possibly have pitched on any thing , that had lesse become you . for are not you the man that spake so much against long prayers , as wee shall see anon in your next generall head of innovations ; because thereby the preacher is inforced to cut short his sermon ? and doe you here complaine that the prayers are shortned , that so you may have libertie to preach the longer ? i see it were a very difficult thing to please you , should a man endeavour it . that which comes next , is that the prayer for the lady elizabeth and her children , is left out in the present fast-booke , which were expressed in the former p. 143 and that as the newes-booke saith , while they are now royally entertained at court. my lord the prince elector cannot but take this very ill , that you should make his royall entertainement here a maske to cover your seditious and malevolent projects . for you know well enough , that not alone in this new fast-booke , set forth since his arrivall here , but long before his comming hither , that excellent lady and her children , had not by name , beene specified in the common prayer booke . why did you not dislike that omission there , as well as leaving out the father of thine elect ? or will you have a reason for it , why it was layed aside in both ; if you will promise to be satisfied by reason , i will give you one , and such a one as may suffice any one but you . in the first fast-booke , his majesty our soveraigne lord had not any children , to be remembred in our prayers : and the remainder of the royall seede , was in that most illustrious lady and her princely issue . that case now is altered . his majesty gods name be praised hath many children , as well male , as female ; none of the which are specified by name , particularly , but the prince alone : the rest together with the lady elizabeth and her princely issue , being all comprehended in the name of the royall progene . the lady elizabeth and her children , finding no more neglect in this , then the kings owne most royall issue , will give you little thankes for so vaine a cavill . more anger yet . you charge the bishops next , that they cry up with fasting , and downe with preaching . for crying up fasting , you produce this instance , that in the order for the east , these words are left out of the new booke , viz. to avoide the inconvenience that may grow by fasting ; some esteeming it a meritorious worke ; others a good worke , and of it selfe acceptable to god without due regard of 〈…〉 &c. p. 142. hereupon you conclude , tha● 〈…〉 esteeme fasting a meritorious worke ; and acceptable unto god , without due regard of the end . ibid. i have had patience all this while . but patientia ●●sa . i must now tell you in plaine termes , in all my life , ( and i have seene the world a little ) i never met with such an impostor . for good sir , take the passage as it lyeth together , and how can you have conscience so to delude your audience ; whose soules you say you tender as you doe your owne . the order then is this , num. 6. admonition is here lastly to be given , that on the fasting day there be but one sermon at morning prayer , and the same not above an houre long , and but one at evening prayer of the same length , to avoid the inconvenience that may grow by the abuse of fasting : some esteeming it a meritorious worke : others a good worke , and of it selfe acceptable to god without due regard of the end : others presuming factiously to enter into publicke fasts without the consent of authority , and others keeping the people together with over much wearinesse , and tediousnesse , a whole day together : which in this time of contagion is very dangerous , in so thicke and close assemblies of the multitudes . this is the place at large , so pricked and commade , as i finde it in the said old booke . deale honestly , if you can in any thing , in this . these words , to avoide the inconvenience which may grow by the abuse of fasting ; are they the beginning of a new period , as you lay them downe ? or what doe they relate unto , unto the merit of a fast ? no sir , but to the former words touching the number and the length of sermons , wherin , some men ( your selfe for one ) had placed so much sanctity ; that publicke fasts so solemnized were by some thought ( no doubt ) meritorious workes ; by others many times kept without due authority : by others so spunne out with sermons of foure houres a peece , that with much wearinesse and tediousnesse it tooke up the day ; no care at all being taken to avoid contagion , which in such close and thicke assemblies is exceeding dangerous . this is the plaine analysis of that passage , in the said first booke . assuredly , what ever other cause there was , there is no reason to suspect that it related anything to the point of merit . these times are so fallen out with fasting . ( vnlesse it be a fast of their owne appointment ) that you have little cause to feare lest any man should place a part of merit in it . non celebranda esse jejunia statuta . to cry downe all set times of fasting , which was the heresie of aerius in the former times , is reckoned a chief point of orthodox doctrin , in the present times . no merit placed in fasts , ordinary or extraordinary , that i can heare of , unlesse perhaps you place some merit in your long sermons on those fasts , as before is saide , and dare you then affirme as in the newes-booke , that this place and passage , was purposely left out to gratifie the papists , or to place any popish merit in the present fast ? if any body may be said to be gratified in it , it is you and yours , whose absurd course and carriage had in the former book been described so lively . but you are still the same . primus ad extremum similis sibi . you and the black moores skinne will wash white together . this is , i hope enough to satisfie you , touching the crying up of fasting : and for the crying downe of preaching on the dayes of fast , that hath beene spoken of already . how far it is suppressed at all other times , you meane to tell us in the next of your generall heades ; and we expect to heare what you have to say . on then . your sixt generall innovation is in the meanes of salvation , in which there are particulars very many which you charge them with . as viz. in suppressing lectures , cutting short preaching , forbidding any prayer before the sermon but that barren forme of words in the canon ; using no prayer at all after the sermon , but reading a second or third service at the altar . having no sermon in the afternoone ; catechizing onely for halfe an houre , and that by question and answer onely ; and finally limiting all sermons in great cities and the universities to one houre , so as the people cannot enjoy the benefit of more then one sermon a day , p. 150. these are the severalties contained in that generall head ; and they relate either to preaching or to praying ; or indeed altogether unto preaching , and unto praying no further then as subservient thereunto . first for suppressing lectures , why doe you reckon that for an innovation , when as the very name of lecturers , and lectures , are in themselves a new and late invention ? borrowed by travers and the rest towards the latter end of queene elizabeths time , from the new fashions of geneva . we in the church of england know no other names , but bishops and curats ; and curats are againe divided into parsons & vicars , and those which doe officiate for and under them , now in the use of speech called curats as by a proper and distinct name . your lecturer hath no place in the prayers of the church of england , nor none amongst the termes of law. but being geneva had it so ; a doctor superadded to the ordinary pastor , whose office onely was to teach , not to administer the sacraments or execute any other ministry to the priest belonging : it must needes bee disposed so here , that by degrees , insensibly wee might be brought more neere that church . there is a story of the bats or reremice , that when the birds came to demand tribute of them , shewing them their brests they said they were beasts : and when the beasts came to them and craved the like , shewing them their wings , they said they were birds . your lecturers , in the same occasion , are like these reremice . when subsidies were granted for his majesties use , if any thing was demanded of them by the clergie , they had no benefice , no title , and so passed for lay : and on the like demand made by the laity , they onely shewed their gownes , and that made them clergie . being then in themselves but a new invention , and such as tended to bring in the greatest innovation in this church , that possibly could be projected how could you reckon the suppressing of them an innovation ? now for these lecturers , we may distinguish them into weekes-day lecturers , and lords-day lecturers , as weeke-day lecturers , you complaine how they are suppressed by that restriction in his majesties proclamation about the fast : and tell us , that the prelates doe extend the letter of the proclamation , that if but one house in a parish be infected , the pestilence thus continuing and the fast not ceasing , all wednesday sermons in the whole city must be suppressed . p. 147 , if so , as so it is not , ( you know well enough ) what reason had you of complaint . are there not holidayes so many , that you and yours doe reckon them as a burthen , both to church and state ? observe the holy dayes as you ought with prayers and preaching : and see what losse the church would have , or any of the people finde , for want of wednesday or any other weeke-day lectures . as lords-day lecturers we shall meete them in the afternoone , wherein all sermons are put downe , if you tell us true . next followes cutting short of preaching . how comes that to passe ? for that we must needes seeke elsewhere , for here you tell us not . looke therefore in your 17. p. and there wee have it . there you find fault with them that are all for outward formalities ( you being for none at all your selfe ) in that they place all the service of god in reading long-prayers , and thereby excluding preaching as unnecessary : and p. 158. commanding of long matins instead of preaching ; which as they are performed , in cathedrall churches , you call prophanely long babylonish service , p. 160. this is the blocke you stumble at , that whereas formerly you used to mangle and cut short the service , that you might bring all piety and the whole worship of god , to your extemporary prayers and sermons : now you are brought againe to the antient usage , of reading the whole prayers , as you ought to do . and call you this an innovation ? are not you he that told us that the communion-booke set forth by parliament , is commanded to be reade without any alteration , and none others , p. 130. and if you reade it not as it is commanded , make you alteration thinke you ? doe you not finde it also in the 14. canon , that . all ministers shall observe the orders , rites , and ceremonies prescribed in the booke of common-prayer , as well in reading the holy scriptures , and saying of prayers , as in administration of the sacraments , without diminishing in regard of preaching or any other respect , ( how like you that sir ) or adding any thing to the matter or forme thereof . the very selfe same answer we must also make to another of your cavils , about the using of no prayer at all , after the sermon , but reading a second or third service at the altar . for being it is so appointed in the booke of common prayer , that on the holidaies if there be no communion , shall be said all that is appointed at the communion , untill the end of the homilie , concluding with the praier for the whole state of christs church , &c. the innovation is on your part , who have offended all this while , not onely against the canon , but the act of parliament , by bringing in new formes of your owne devising . as for forbidding any prayer before the sermon , but that barren forme of words in the canon , ( for being in the canon you can give it no better epithite ; ) if any such forbidding be , it s but agreeable unto the canon , which hath determined of it long agoe : and so no innovation of these present times . nor was that canon any new invention neither , when it first was made : but onely a repetition and confirmation of what had formerly beene ordered both in king edward the sixt , the queenes injunctions according to the rule and practise of the former times ; the preachers then using no forme of prayers before their sermons , but that of bidding , moving , or exhorting , which is now required in the canon ; as may be plainely seene in bishop latimers sermons , bishop iewels , bishop andrewes , and diverse others . your afternoone sermons on the sondaies , if performed by lecturers , are but a part of that new fashion which before wee spake off : and having no foundation in the church at all , it cannot be an innovation to lay them by . and if the curate of the place , or whosoever hath the cure of soules ; bestow his time in catechizing , as he is appointed , that in effect is but to change one kinde of preaching for another . so that if he that hath the cure , doth carefully discharge his office , and performe his duty : you have no reason to complaine for want of having sermons in the after noone . i know it is the custome of you and yours , to take up sermons more by tale then weight : and so you have your number , you thinke all is right . but as in feeding of the body , one temperate meale digested presently and concocted throughly , adde's more unto the strength of nature , then all that plentifull variety of delicates which gluttony hath yet invented : so doe they profit best in all heavenly wisdome 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , not who heare many sermons , but which heare good ones . for limiting the catechizing unto halfe an houre , that 's ordered by the canon also : and it is ordered by the canon , that children shall bee taught no other catechisme , then that set forth in the booke of common prayer . not that the curate , is to examine them by question and answere onely , without expounding any of the principles of religion , which is that you quarrell : but to examine and instruct them , as the canon hath it . yet so that under the pretence hereof , nor you nor any such as you , may assume that libertie , as to turne simple catechizing for the instruction of the youth and ignorant persons of the parish ; into a catechisme lecture of some two houres long , not differing from your mornings sermons , but in name alone . if in great cities and the viniversities , sermons are limited to the same time of the day , or as your owne phrase is , to one houre onely ; assuredly it is neither new , nor strange . the sermon appointed for the morning being a part of the second service , is to be read or spoken in all churches , at the time appointed by the church . nothing in this de novo , that i can heare of . in oxford it was alwayes so , since i first knew it ; the sermon for the vniversity and towne being expressely at the same time . nor neede you bee offended at it , if by that meanes the people in those places cannot heare above one sermon in a day : it being not many but good sermons , not much but profitable hearing , which you should labour to commend unto them ; but that you would bee some body for your often preaching . our saviour tels us of some men , that thought they should bee heard by much speaking ; and you are one of them that teach the people that they shall be saved by much hearing . your two last innovations i shall joyne together ; the one being in the rule of faith , which is now made , you say , to be the dictates of the church , to wit , the prelates , p. 151. the other in the rule of manners , which must not bee any more the word of christ , but the example of the prelates lives , and dictates of their writings onely . p. 156. in this you have most shamefully abused your selfe , and all them that heard you . the rule of faith is still the same , even the holy scriptures : nor can you name a man who hath changed this rule , or made the dictates of the church , to wit the prelats , the rule of faith . the application of this rule , that is the exposition of the script . you must acknowledge to be in the churches power , or els you are no son to the church of eng. for in the articles of the church , to which you have subscribed more thē once or twice , it is said expresly that the church hath authority in cōtroversies of faith , & that it is vwitnes & a keeper of holy writ : as also that it hath authority to expound the scriptur , cōditioned that it so expound one place , that it be not repugnant to another . and for the judgmēt of prelats , i know not how you can excuse your selfe before god almighty , for not submitting therunto ; having called god to witnes , that you would so do . for when you took the order of holy priesthood , it was demanded of you in the congregation , whether you would reverently obey your ordinary , and other chiefe ministers , unto whom the government and charge is committed over you , following with a glad mind and will their godly admonitions , and submitting your self to their godly judgements : and you made answer , that you would , the lord being your helper . either then you must first cōvince their judgements of some plaine ungodlines , or else your not submitting to them , must be a plaine colluding both with god and man. reeve , whom you jeere at so , both in your pasquil ; p. 152. and in your dialogue between a. & b. saith no more then this : and if you say not this , you have not lied unto men only , but unto god ▪ nor is this any other doctrine , then what was held for currant in ignatius his time ▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. let the priests ( saith he ) submit themselves unto the bishop ; deacons , unto the priests , the people to the priests and deacons . and then hee addes , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 my soule for theirs that faithfully observe this order . so he . and had you kept this order , you had not so engaged your self in these factious brabbles , wherewith you have disturbed both your selfe and others . touching the rule of manners , that any hath affirmed or written , that it must bee according to the prelates lives and dictates , you produce no proofe . onely you say , and say it onely , that they doe countenance , allow , and by episcopall authority dispense with an heathenish kinde of life , especially in most sacred times , as the lords day . this is no proofe i hope , but an ipse dixit , or a petitio principii take it at the best ; although it bee an argument you are used most to . and i must answer you to this in the words of tullie , quid minus est , non dico oratoris sed hominis , quam id objicere adversario , quod si ille verbo negarit , ulterius progredi non passis . till you bring better proofes for your innovations , your selfe must be reputed for the innovator : and all the mischiefe which you have imagined against other men , will fall upon your owne pate , and deservedly too . hitherto you have acted the false accuser , and have done it excellently well , none better . in the next place you come to play the disputant ; and that you do us wretchedly , none worse . for first you say , that it is pleaded by our changers , ( as you please to call them ) that they bring in no changes , but revive those things which antient canons have allowed and prescribed ; as standing up at the gloria patri , and at the reading of the gospell , bowing at the name of jesus , and to the high altar ; removing the communion table to stand altarwise ; placing of images in churches , erecting crucifixes over the altars , commanding of long mattins instead of preaching and the like . this said , you answere hereunto , that wee in this land , are not to be ruled by the popes canons , or the canon law , but by the law of god and the king. and that there are no other rites and ceremonies to be used in our church , then those that are allowed by the act of parliament , prefixed to the communion booke , and are expressed in the same booke . but sir , you may bee pleased to knowe , that the commanding of long prayers is warranted by that act of parliament , which you so insist on ; the prayers being made no longer , then that act commandeth : and that our bowing at the name of jesus is enjoyned by the 18. canon , which being authorized by his majestie , is the law of the king , and being grounded on the second of the philipians , is the law of god. our standing at the gospell , and praying with our faces towards the east , have beene still retained by our church , not out of any speciall canon , but ex vi catholice consuetudinis , by vertue of the constant and continuall custome of the church of god. the placing of the holy table altar-wise , and standing at the gloria patri , have generally beene observed in cathedrall churches , since the reformation : it being granted by a good friend of yours , the author of the holy table , that in some cathedrall churches , where the steps were not transposed in tertio of the queene , and the wall on the backeside of the altar untaken downe ; the table might stand , as it did before , along the wall . for bowing to the high altar , i know no such matter , either in practice or in precept : for bowing towards it , wee have the practice of antiquitie but no present precept . your friend and fidus achates , the good minister of lincolnshire , could have told you this , that although the canon doth not enjoyne it , yet reason , pietie , and the constant practice of antiquitie doth : that church-men doe it in saint chrysostomes liturgie ; and the lay-men are commanded to doe it in saint chrysostomes homilie : and finally if there bee any proud dames , quae deferre nesciant mentium religioni , quod deferunt voluptati as saint ambrose speakes , that practice all manner of curtesies for maskes and dances , but none by any meanes for christ , at their approach to the holy table : hee declares them schismatickes , bequeathing them unto donatus , with a protest , that hee will never write them in his calendar for the children of this church . for images , in churches , and crucifixes over the altars , finde you , of all loves , that the church hath any where commanded them , or any of the prelates in their visitatiōs , given order for their setting up ? if not , why do you charge it on her , and bring not any proof at all that shee hath imposed it . so that your answer being thus come to nothing , the objection by you brought on the churches part , remaines unanswearable . viz. that the prelates of the church have brought in no changes , but onely have revived those things which the antient canons have allowed and prescribed ; the law of god , the king , and the act of parliament , either inabling them to doe so , or not gainsaying it . secondly you object on the prelates part , that they bring in no innovations , no new rites , but what hath been in use ever since the reformation , and that in the most eminent places even the mother churches of the land ; so as all that they goe about is to reduce inferiour churches to an unitie and conformitie to their mother-churches ; that bringing all to unitie , they may take of that reproach which the adversaries cast upon us in this kinde . this is their plea indeed , you say wondrous honestly . would you could hold long in so good a veine , and not flie out unto your wonted arts of scandall and false clamours upon noe occasion . for having pleaded thus , you make an answere presently , that the cathedrals are the old high places not yet removed ; the antient dennes of those old foxes ; the nests and nurceries of superstition and idolatrie , wherein the old beldame of rome hath nuzzled up her brood of popelings , and so preserved her vsvm sarvm , to this very day . p. 159. and finally that the prelates make these mother cathedralls ( being romes adopted daughters ) their concubines , whereon to beget a new bastard generation of sacrificing idolatrous masse-priests throughout the land . p. 163. but sir , consider in cold blood , that this is not to answere , but to rayle downe arguments . his sacred majestie , in his resolution of the case about saint gregories church , neere the cathedrall of saint paul , did determine positively , that all parochiall churches ought to be guided by the pattern of the mother church upon the which they doe depend : and yet hee did declare his dislike of all innovations and receding fromantient constitutions grounded upon just and warrantable reasons ; which makes it manifest that he conceived not this conformitie with the mother churches , to com within the compas of an innovation . but wherefore tell wee you , of his majesties pleasure , which are not pleased with any thing that his majestie doth , except it may bee wrested to advance your purposes . the minister of lincolnshire , and any thing from him , will be far more welcome ; and something you shall have from him to confute your follies ▪ who can doe more with you , i am sure , then the world besides . now he , good man , the better to pull downe the authoritie of his majesties chappell , hath told you somewhat of the authoritie of the mother churches . what 's that ? marry saith he , in the name of god let the same offices be said in all the provinces , as are said in the metropoliticall church ; aswell forthe ord●r of the service , the psalmody , the canon , as the use and custome of the ministration : & this he tels us was the old rule of the antient fathers ▪ for this he cites good store of evidence in his margin , ( as his custome is ) and then concludes , that it is a current direction in all authors ; where you may see that by the rule of the old fathers , and your friends to boote , whatever is the use and custome of the ministration in the metropoliticall church ; the same is universally to bee received throughout the provinces . and therupon we may conclude , that by the old rule of the antient fathers , by the direction of all authors , and the authoritie of your good frend the minister of lincolnshire ; in case the things that you complain of , have bin and are retained in the ministration by the mother churches ; they ought to be retained also in parochiall churches ; especially if it be so ordered by the higher powers , the bshops and pastours of the same . your scandalous and opprobrious speeches , wee regard not heere , in attributing to the mother churches those most odious names of high places , dennes of foxes ; nurseries of superstition ; and stiling the conformable ministers of this church , a generation of idolatrous sacrificing masse-priests . you know what he in tacitus replied on the like occasion , tu linguae ego aurium dominus sum . and you may raile on if you please , for any answere we shall give you , but neglect and patience . onely i will be bold to tel you , that were it not for those cathedralls , ( howsoever you vilifie and miscall them ) we had not onely before this time , beene at a losse amongst ourselves , in the whole forme and order of divine service , heere established : but possibly might have had farre more recusants in this kingdome then now wee have . which if you take to be a paradox , as no doubt you will , you may remember that it was affirmed by marquesse rhosny ambassadour here for king henry the fourth of france , having observed the majestie of our divine service in cathedrals , that if the same had bin observed by the protestants in france , there had not been so many papists left in it , as there were at that time . for your particular instances in the cathedrall churches of durham , bristol , saint pauls , and wulpher hampton 161. ( though , i trowe , wulpherhampton bee no cathedrall but that you have a minde to match your friend the minister , for his cathedrall church at d●ver ) the most that you except against , are things of ornament : which you are grieved to see you more rich and costly then they have been formerly . judas and you alike offended at any cost , that is bestowed upon our saviour , either on his bodie , or about his temples : both of you thinking all is lost , that is so disposed of ; and that it would doe better in the common bagg , whereof hee was , and you perhaps have beene the bearers . and so i should proceed to the third argument , which you have made in the behalfe of these innovations , as you cal them , drawn from the furniture & fashion of his m ●● . chappell , and to an answer thereunto . but we have met with them already ; partly in answere to your own wretched & seditious comparison of his majesties chappell and the altar there , to julian the apostates altar and nebuchadnezzars golden image : and partly in reply to the selfe same answers , made to the sold argument by your friend the minister , your 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and true yoake-fellow in this cause ; whither i referre you . so having traced you up and downe , from one end of your pasquill unto the other : and looked upon those factious and seditious doctrines which you have preached unto the people : nothing remaineth but that i lay before you , and your audience , a word of application , and so conclude . the conclusion . containing an addresse to h. b. and representing to him the true condition of his crime , and punishment thereto , belonging , if he should be dealt withall according to the law in that behalfe . oldnols case . the puritanes use to practise on the people , for the accomplishment of their designes . scandalum magnatum , what it is , and how punished . seditious writings brought within the compasse of treason ; and severall persons executed for the same . many of the principall of the faction , hanged up , by a particular statute in q. elizabeths time . the power ascribed unto the people by the puritan doctrine . an exhortation to the people , to continue in obedience , to god , the king , and his publike ministers . no further answeres to be looked for to those pestilent libells , which every day are cast abroad . the close of all . it pleased king james of blessed memory , to leave unto the world at once , both a complaint for , and commendation of the church of england . it is a signe ( saith he ) of the latter dayes drawing on ; even the contempt of the church , and of the governours and teachers thereof , now in the church of england : which i say in my conscience , of any church that ever i read or knew of , present or past , is most pure , and neerest the primitive and apostolicall church in doctrine and discipline , and is sureliest founded upon the word of god , of any church in christendome . which commendation as the church doth still retaine ; so may it take up the complaint in more grievous manner : those times being modest then in respect of these ; and those contempts which he complaines of , being now growne to such an height , supra quod ascendi non possit , that greater cannot be imagined . wherein , as the triumviri , whom at first i spake of , have well played their parts : so there is none of any age , nor all together in all ages , which hath shewne greater malice unto the church , and to the governors and teachers of it , then you , mas . burton . not to the bishops only , and inferiour persons , whom either for their place or calling , you were bound to honour ; but to the supreame governor thereof , your soveraign and patron , as you please , sometimes to call him : your carriage towards whom , i shall first lay down , according as before delivered ; and after tell you my opinion freely , what i thinke therein . first , for the king , you call his royall power in question , and are offended very much that any one should attribute unto him an unlimited power , as you meane unlimited , or that the subject should be taught that his obedience must be absolute , that being ( say you ) a way , to cast the feare of god , and so his throne , downe unto the ground . you tell us of some things the king cannot doe , and that there is a power ( in government ) which he neither hath , nor may transferre upon another . you had my censure of this before , in the second chapter . yet i will here be bold to tell you , that as it is a kind of atheisme to dispute pro and con , what god can doe , and what hee cannot ; though such disputes are raised sometimes by unquiet witts : so it is a kind of disobedience and disloyalty to question what a king can doe , being gods deputie here on earth ; especially to determine what he can , and what he cannot . then for the obedience of the subject , you limit it to positive lawes ; the king to be no more obeyed then there is speciall law or statute for it : the kings prerogative royall , being of so small a value with you , that no man is to prize it , or take notice of it , further then warranted by law , and which is worse , you ground this poore obedience , which you please to yeeld him , upon that mutuall stipulation , which is between the king and people ; and thereby teach the people , that they are no longer to obey the king , then he keeps promise with the people . this ground of obedience laied , you next proceed unto the censure of his majesties actions : complaining that in your commitment unto prison , his majestie had not kept his solemne covenant made with his people , touching their petition ( which you call ) of right . that by his declaration before the articles , the doctrines of gods grace and mans salvation have beene husht , and silenced , and that by silencing those needlesse controversies , there is a secret purpose to suppresse gods truth , and to bring in the contrary errours , as did the arian emperours by their law of amnestia . his majesties declaration about lawfull sports upon the sunday , you taxe , as tending manely to the dishonour of god , the prophanation of the sabbath , the annihilation of the fourth commandment : and charge him that thereby , and by his silencing of those doctrines before remembred , and restraint of preaching on the fast-dayes , in infected places ; hee hath given way to innovations , contrary to his solemne promise made unto his people . his majesties chappell royall and the furniture thereof , you liken unto nehu chadnezzars golden image , and julians altar : the king himselfe to nebuchadnezzar , the apostate julian , and that idolatrous king ahab : incouraging the people both by particular instances , and a generall exhortation to stand stoutly to it . finally you lay down a most odious and disloyall supposition , touching the setting up of masse in his majesties chappel , and what is to be done when that comes to passe . and ever and anon informe him ( as if you meant to terrifie and affright him with it ) how much the people doe beginne to stagger in their good opinion of his majestie ; that they grow jealous of some dangerous plot , that all the people of the land ( by your commitment to the prison ) may be possessed with a sinister opinion of the kings justice and constancie in keeping his solemne couenant made with his people as in that petition of right ; and if hee observe his word no better , it will be said of him in succeeding annalls , that hee had no regard to sacred vowes and solemne protestations . thus having taught the people that all obedience to the king is founded on a mutuall stipulation betweene him and them ; and telling them , how often , and in how great matters , he hath broke the covenant made betweene them : you have released the people ipso facto of all obedience , duetie , and alleageance to their soveraigne lord ; and thereby made them free subjects , as you please to call them , so free that it is wholy in their pleasure whither they will obey , or not . thus have i briefely layed together your carraige and behaviour towards our lord the king : wherein expressely contrarie to the statute of westminster , that no man tell or publish any false newes or tales , whereby discord or occasion of discord or slander may growe betweene the king and his people or the nobles ; you have as much as in you was , made a breach betweene them . for though ( the lord be praysed ) no such discord bee ; yet is your crime no lesse then if it were : the law forbidding such false tales , not onely by the which discord or slander doth arise , but by which it might . oldnoll , a yeoman of the guard , was on this very statute endicted in queene maries time , pour parrols horrible , & slanderous parrols del roigno , for horrible and slanderous words against her highnesse , unde scandalum in regno inter dominam reginam & magnates vel populum suum ●riri poterit . &c. and howsoever no dissension did arise on the said false tales , yet seeing there was occasion given , he was proceeded with , and punished , according to that statute , as you may finde in iustice . dier . p. 155. so farre the lawes provide to prevent all discord , and the occasions of the same : but for preventing of sedition , and seditious either words or writings , they are more severe : of which how far you have been guiltie , we shal see annon . mean time you may take notice , if at lest you will , that it hath beene the antient practise of those men , whose stepps you follow , to put into the peoples mindes seditious humours , thereby to make themselves of power against the magistrates : and sometimes also to terrifie and affright the prince or supreame magistrate with the feare of uproares , the better to accomplish what they had projected . this was the device of flacius illyricus the father of the stiffe or rigid lutherans in high germany : whom as you follow in his doctrines , deprovidentia , praedestinatione , gratia , libero arbitrio , adiaphoris , and such heads as those ; so doe you also follow him , in his fiery nature , and seditious principles . one of which was , principes potius metu seditionum terrendos , quam vel minimum pacis causa indulgendum , that princes should be rather terrified with the feare of tumults , then any thing should bee yeilded to for quietnesse sake . the other was , ut plebs opiniones suas populari seditione tueretur , that the common people ought to take up armes against the magistrat , in maintenance of those opinions which they were possessed of . which as paraeus tells us , hath beene the practice ever since of all his followers ; whereof you are chiefe . and for your odious supposition , of setting up of masse in the kings chappell , let mee tell you this . that it is criminall , if not capitall , to use ifs and and 's , and suppositions in matters of so high a nature ; and such as in some cases hath beene judged high treason . sir william stanley , a man as of especiall merit , so in especiall favor with king henry the seventh , found it no jesting matter to use ifs and and 's , in things which doe so neerely concerne a king. for saying onely , that if he thought the young man ( perkin warbeck ) to bee the undoubted sonne of king edward the fourth hee never would beare armes against him he was condemned of treason , and executed for the same : the judges thinking it unsafe to admitt ifs and ands in such dangerous points . so for your dealing with the bishops , you labour to expose them as much as in you is , to the publicke hatred ; and to stirre up the people to effect their ruine . not to repeate those scandalous and odious names , which passim , almost in every page you have cast upon them , to bring them into discredit and contempt with the common people : you have accused them of invading his majesties supreme authoritie , and left them , as you thinke , in a premunire ; the better to incense his majestie against them also . whom having exasperated , as you hope , against them , you call upon him in plaine termes to hang them up , as once the gibeonites did the 7. sonnes of saul ; at least to joyne with god and his good subjects , courtiers , nobles , judges , magistrates , and the rest together , to cut them off , and roote them out . which if hee will not doe , you tell him roundly that for his owne part , he will make a very sorrie accompt to almightie god , for the great charge committed to him ; and then , that god for his part , will rather adde unto , then decrease our plagues ; till he hath utterly destroyed vs. but fearing lest this should not edifie with so wise a prince , you practise next upon the people . and knowing that there is nothing , which they prize so highly , as the defence of their religion and lawfull liberties ; you lay about you lustilie , to let them see how much they are in danger of loosing both . for this cause you accuse the prelates allmost every where for bringing in of poperie , tooth and nayle for poperie , confederating with priests and jesuites , for rearing up of that religion ; and setting up againe the the throne of anti-christ : and all their actions you interpret to tend that way . next you crie out , how much the people are oppressed contrarie to their rights and liberties , affirming that the bishops doe not onely over toppe the royall throne , but that they trample the lawes , liberties , and just rights of the kings subjects under their feete ; and cutt the people off , from the free use and benefit of the kings good lawes . which said , and pressed in every place with all spight and rancour , you call upon the nobles to rowze up their noble christian zeale and magnanimous courage ; upon the judges , to drawe forth their sword of justice ; upon the courtiers , nobles , others , if they have any sparke of pietie , now to put their helping hands in so great a neede ; and lest all these should faile , you call upon the nation generally to take notice of their antichristian practises & to redresse them withall their force and power . what doe you thinke of this alarme , this ad arma ad arma , this calling of all sorts of people to combine together , to rouze their spirits , drawe their swords , put to their hands , muster upp all their force and power : doe you not thinke this comes within the compasse of sedition ? have not you done your best ( or your worst rather ) to raise an insurrection in the state , under pretence of looking to the safety of religion , and the subjects rights ? i wil not judge your conscience , i leave that to god. but if one may collect your meaning by your words and writings ; or if your words and writings may bee censured , not onely according to the effect which they have produced but which they might : you are but in a sorry taking . and because possiblie when you finde your danger , you will the better find your error , and so prepare your selfe for a sincere and sound repentance ; i will a little lay it open . make you what use there of , you shall thinke most fitt . and first , supposing , that these your factious and false clamours , are onely such as might occasion discord betweene my ll. the bishops and the commons ; where had you beene then ? there passed a statute ( still in force ) 2. ric. 2. cap. 5. for punishment of counterfeiters of false newes , and of horrible and false messages ( mistaken in the english bookes for the french mensonges , i. e. ●●es ) of prelates , dukes , earles , barons , and other no●●es and great men of the realme , &c. of things which by the said prelates , lords , &c. were never spoken , 〈◊〉 , or thought , ( pray marke this well ) in great slander of the said prelates , &c. whereby debates and discords might arise ( not doth , but might arise ) betwixt the said lords and commons , which god forbid , and whereof great perill and mischiefe might come to all the realme , and quicke subversion and destruction of the said realme , if due remedie bee not provided . and for the remedy provided , which in this statute was according to that of westminster the first before remembred ; that in the 12. of this king richard , cap. 11. is left to the discretion of his majesties councell . so that what ever punishment his majesties most honourable privie councell may inflict upon you , you have justly merited , in taking so much paines to so bad a purpose , as to set discord and debate betweene the prelates and the people . but where you have gone further to excite the people ; what say i , people ? nay , the lords , judges , courtiers , all the nation generally , to draw their powers and force together : i see no reason why you should bee so angry with the high commissioners for laying sedition to your charge ; or if that please you better , a seditious sermon . and being a seditious sermon then , and a seditious pamphlet now , dispersed up and downe throughout the kingdome , especially amongst those , whom you , and such as you have seasoned with a disaffection to the present governement : what have not you for your part done , to put all into open tumult ? i doe not meane to charge it on you , but i will tell you how it was resolved in former times , by bracton , and glanvill , two great lawyers in those dayes ; viz. siquis machinatus fuerit , vel aliquid fecerit in mortē d. regis , vel ad seditionē regis , vel exercitus sui , vel cōsenserit , cōsiliumve dederit , &c licet id quod in voluntate habuit non produxerit ad effectum , tenetur tamen criminis laesae majestatis . construe me this , and you will find your selfe in a pretty pickle . and i will tell you also two particular cases , which you may find with little paines , in our common chronicles . the first of one john bennet , wooll-man , who had in london scattered schedules full of sedition , and for that was drawn , hanged , and beheaded in the fourth yeare of henry the fifth , the other of thomas bagnall , jo. scot , jo. heath , and jo. kennington , who being all sanctuary men , of saint martins le grand , were taken out of the said sanctuary for forging of seditious bills , to the slander of the king , and some of his counsell , ( will you marke this well ? ) for the which three of them were condemned and executed , and the fourth upon his plea returned to sanctuary , in the ninth yeare of king henry the seventh . i instance only in these two , because both ancient ; both of them hapning before the statute 23. eliz. 〈…〉 which being restrained unto the naturall life of the said queene , is not now in force ; and which , as long as it continued , was a strong bridle in the mouths of your forefathers in the faction , to hold them in , from publishing and printing such seditious pamphlets . the common chronicles will tell you , how that most excellent lady dealt with those , who had offended her in that kinde , wherein you excell : tha●ker and capping , barrow , greenwood , studly , billot and bowlar , penry and vdall , zealous puritans all , being all condemned to death ; and the more part executed . and you may please to know for your further comfort , that in king james his time , may the third , anno 1619. one iohn williams , a barrister of the middle temple , was arraigned at the kings bench , for a seditious book by him then but lately writtē , & secretly disperst abroad never printed ( as yo●urs are ) or which hee was condemned , and executed at charing crosse , some two dayes after . and it was afterwards resolved at the first censure of mass . prynne , in the starre-chamber , by the lord chiefe justice that then was , that had hee beene put over to his tribunall , hee had beene forfeit to the gallowes . all which being represented to you , i close up my addresse in the words of tullie , miror te , quorum act a imitere , eorum exitus non perhorrescere . so god blesse the man. and yet i must not leave you so . as i have raised one use for your reprehension ; so give mee leave to raise one more for the instruction of others , those most especially whom you have seduced . my use shall be , that they continue stedfast in their full obedience to god ; the king , gods deputie ; the prelates of the church being gods ministers , and the kings : and that they doe not suffer themselves to bee carryed up and downe with every blast of doctrine , by the subtletie of those who onely labour to deceive them . i know it is a fine perswasion to make the common people think that they have more then private interest in the things of god , and in the government of states : nothing more plausible nor welcome to some sort of men , such whom you either make or call free subjects . this buchanans device , to put the sword into the hands and managing of the people ; in that his most seditious maxime , populo jus est imperium eui velit deferat . and such the doctrine of cleselius , one of your brethren in the cause , a furious contra-remonstrant of roterdam , who laid it for a doctrine before his audience , that if the magistrates and ministers did not do their parts to preserve religion , then the people must , licet ad sanguinem usque pro ea pugnarent , what blood soever should bee spent in pursuite thereof . such grounds were also laid in queene elizabeths time , by those who then were held as you thinke your selfe , the grand supporters of the cause : men like to theudas in the acts , who thought themselves , as you doe now , to be some great prophets , and drew much people after them , so many that they threatned to petition to the queenes highnesse , with no fewer then 100000. hands . but what became of these jolly fellowes . they perished , & as many as followed after them , & redacti sunt ad nihilum , and are brought to nothing : nothing remaining of them now , but the name and infamy . nor can i promis better to those who pursue their courses ; and either furiously runne , or else permit themselves to bee drawne along into those rash counsailes : which as they are begunne in disobedience , and prosecuted equally with pride and malice ; so can we not expect that they should have a better end , then calamitous ruine . and therefore i shall earnestly beseech and exhort all those , who have beene practised with by this kind of spirits , ( if such at least may cast their eyes on any thing which is not made to feede their humour ) that they would seriously endeavour the churches peace , and conscionably submit themselves to their superiours in the lord : not following with too hastie feete those ignes fatui , who onely leade them on to dangerous precipices , and dreadfull down-falls . the greatest vertue of a subject is his free obedience ; not grudgingly or of necessity , or for feare of punishment : whether it be unto the king , as unto the chiefe ; or unto governours as unto them which are sent by him , for the punishment of evill doers , and for the praise of them that doe well . suspition , as it is in kings , the sicknesse of a tyrant ( and so his majestie king iames conceived it ) so is it in a subject , the disease and sicknesse of a mischievous braine , apt upon every light surmise , to entertaine undutifull and pernitious counsailes . the safest man is he , that thinkes no evill , and entertaines not rashly those unjust reports , which are devised and spread abroad by malicious wits , of purpose to defame their betters : that they themselves might gaine applause , and be cryed up , and honoured , yea tantum non adored by poore ignorant men , who doe not understand aright what their projects ayme at . lastly , i must informe both you and them , that howsoever it was thought not to bee unfit , that at this present time an answer should be made unto all your quarrells , that so the people whom you have seduced might see the errour of their courses : yet neither you nor they must expect the like on all , or any of those factious provocations which every day are offered to the publicke governement . things that are once established by a constant law , are not at all to be disputed , but much lesse declamed against : or if they bee , will finde more shelter from the lawes , then from their advocates . these scandalous and seditious pamphlets are now growne so rife , that every day ( as if wee lived in the wild of africke ) doth produce new monsters : there being more of them divulged at this present time , then any former age can speake of ; more of these factious spirits quam muscarum olim cum caletur maxime , then there are scarabees and gad-flies in the heat of summer . and should the state thinke fit , that every libell of yours , and such men as you , should have a solemne answer to it : you would advance your heads too high , and thinke you had done somthing more then ordinary , which should necessitate the state to set out apologies . that , as it would encourage you to pursue your courses ; so would it suddenly dissolve the whole frame of government ; which is as much endangered by such disputations , as by disobedience . and yet i would not have you thinke , that you are like to find those daies whereof tacitus speaks , ubi & sentire quae velis , & quae sentias loqui liceat ; in which you may be bold to opine what you list , and speake what ever you conceive : much lesse to scatter and disperse in publick what ever you dare speake in private . princes have other waies to right themselves , and those which are in authority under them , then by the pen : and such as will fall heavier , if you pull them on you . kings & the governors of states , as they participate of gods power and patience , so doe they imitate him in their justice also ; and in their manner of proceeding against obstinate persons . god is provoked every day , so kings : god did sometimes expostulate with his faulty people , and so doe kings : god sometimes did imploy his prophets to satisfie the clamours and distrusts of unquiet men ; and thus kings doe also . but when the people grew rebellious , and stif-necked , and would not heare the charmers voice , charme hee never so wisely ; god would no longer trouble himselfe in seeking to reclaime them from their peevish folly : but let them feele the rod and the smart thereof , till the meere sense of punishment had weaned them from it . so howsoever it bee true , convitia spreta exolescunt , that scandalous pamphlets , such as yours , and those which if not yours , are now spread abroad , have many times with much both moderation , & wisdome , been slighted and neglected by the greatest persons : yet if the humor be predominant , and the vein malignant , it hath beene found at other times as necessary , that the tongue which speaketh proud words be cut off for ever . nor would i have you so farre abuse your selfe , as to conceit that none of these seditious pasquils , which are now cast into the world , doe concerne the king. for as saint paul hath told us , that whosoever doth resist the power , resists the ordinance of god , because there is no power but it is from god : so whosoever doth traduce and defame those men , which are in chiefe authority under the king , doe defame the king , because they have their dignities and authorities from and under him . and thus it was affirmed in vdals case , one of your fathers in the faction , being arraigned upon the statute 23 eliz. cap. 2. for when it was pretended for him , that he defamed not the queen which the law provided for , but the bishops onely : it was resolved that they who spake against her majesties supreme government in cases ecclesiastical , her lawes , proceedings , and all those ecclesiasticall officers , which rule under her , did defame the queeene . your case being just the same with vdalls , nor you , nor any such as you have reason to perswade your selves , but that your scandalous pasquills doe as neerely concerne the king , as those did the queen ; or that you shall be answered alwayes , edictis melioribus , with pen and paper . if authority hath stooped so low , this once , to give way that your seditious pamphlets should come under an examination , and that an answer should be made to all the scandalous matters in the same contained , i would not have you thinke it was for any other cause , but that your proselytes may perceive what false guides they follow , and all the world may see how much you have abused the king and his ministers , with your scandalous clamours . which done , and all those cavills answered , which you have beene so long providing ; it is expected at their hands ; that they rest satisfied in and of the churches purposes , in every of the things objected ; and looke not after fresh replies upon the like occasions . and so i leave both you and them with those words of solomon , which you have so perverted to your wretched ends : my sonne feare thou the lord and the king , and meddle not with them that are given to change : for their calamity shall arise suddainely , and who knoweth the ruine of them both . finis . errata . for saltem p. 3. l. 9. r. saltum . p. 17. l. 2. for of . r. that of . il . l. 12. dele and. p. 28. l. 25. for ab r. at that . p. 33. l. 24. for sure r. free . p. 37. l. 27. for and r. what . p. 52. l. 10. for i. audr . i. e. p. 53. l. 23. for by . r. and by . p. 70. l. 26. for instance , r. inference . p. 78. l. 16. d. next for your charges . p. 86. l. 1. del . in . p. 90. l. 20. for a. r. on a. p. 96. l. 25. for . to . r. of . p. 104. l. 3. for will , r. good will. ib. l. 31. dele . but. p. 105. l. 9. dele . but. p. 107. l. 3. for cautio r. cautum . p. 115. l. 22. dele . momes . p. 119. l. 12. for ithicly r. iphycly . p. 122. l. 29. for a discourse , r. their discourses . p. 123 l. 23. for meete , r. meate . p. 127. l. 1. r. the thesis . p. 142. l. 5. for coequall . r. co●evall , p. 144. l. 20. for for as the , r. and as for the. p. 146. l. 1. for count , r. court . l. 11. for your , r. the. p. 149. l. 2. for change r. charge . p. 153. l. 4. for hereby , r. verely . p. 157. l. 6. for a r. as . notes, typically marginal, from the original text notes for div a68174-e10 1 cor. 13.23 . 2. pet. 2.10 . jude 16. 2. pet. 2.12 . jude 17.18 . jude 15. de haeres . c. 23. cann . 83. orat. pro m. marcell . ep. to the king. notes for div a68174-e2450 apolog. p. 6 philip. 2. pag 111. diog. laert. part 3. c. 15. part . 3. c. 9. tacit. in vica agricolae . notes for div a68174-e5780 paterculus . phil. de comiues . lib. 3. cap. 15. in rom. cap. 13. institut . lib. 4. c. ult . lucan . acts 4. rom. 13.5 . hist . l. ● ▪ lib. 7. c. 17. in psal . 10● . hist . l. 53. rom. 13.4 . cicero philip . 2. notes for div a68174-e8410 rom. 14. confess . ● . 8 . tacit. annal. notes for div a68174-e11020 epistle de●●●●t . to the king . paterculus . institut . l. 4. sect. 15. lib. 3. cap. 3. in vit . augustini . c. 8 . bishop of elys epistle ded. before his treatise of the sabbath . lucan lib. 1 tullie . phil. 2. lib. 4.14 . tacit. in vi●a agricol . notes for div a68174-e15150 epist . dedicat . notes for div a68174-e17960 can. 18. art. 3. ● 26 lib. 5.29 . lib. 131. statute 1. eliz. cap. 2. art. 3. s 26 apologie . part 3 cap. 15. p. 226. v. hooker in the preface to his eccl : politie . notes for div a68174-e22240 the prelats falsly charged with attributing popish merit unto fasting , of putting downe lectures , cutting short of sermons , the prayer before the sermon , & catechizing . no innovations either in the role of faith , or manners . (a) instit . l. 4. c. ult . (b) in rom. 13. (c) de iure regui . holy table p 183 notes for div a68174-e27220 speech in starre . chamber . 3 edw. l. 33 necessaria respon●io p. 83. cont. bellar. de peccat . origi . hist . of k. h. 7. by the vis . s. alb. glanvil● l 14 bracton l. 2. stewes a●n . holling h. p. p. 778. deiure reg. marca . resp . pars 2. p. 50. 1. pet. 2.13.14 . hist , l. ● . rom. 13 sutel●sses answ p. 3. respondet petrus: or, the answer of peter heylyn d.d. to so much of dr. bernard's book entituled, the judgement of the late primate of ireland, &c. as he is made a party to by the said lord primate in the point of the sabbath, and by the said doctor in some others. to which is added an appendix in answer to certain passages in mr sandersons history of the life and reign of k· charles, relating to the lord primate, the articles of ireland, and the earl of strafford, in which the respondent is concerned. heylyn, peter, 1600-1662. 1658 approx. 356 kb of xml-encoded text transcribed from 71 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp phase 1). a86302 wing h1732 thomason e938_4 thomason e938_5 estc r6988 99873064 99873064 130903 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a86302) transcribed from: (early english books online ; image set 130903) images scanned from microfilm: (thomason tracts ; 140:e938[4], 140:e938[5]) respondet petrus: or, the answer of peter heylyn d.d. to so much of dr. bernard's book entituled, the judgement of the late primate of ireland, &c. as he is made a party to by the said lord primate in the point of the sabbath, and by the said doctor in some others. to which is added an appendix in answer to certain passages in mr sandersons history of the life and reign of k· charles, relating to the lord primate, the articles of ireland, and the earl of strafford, in which the respondent is concerned. heylyn, peter, 1600-1662. [4], 157, [1] p. printed for r. royston at the angel in ivy-lane, and r. marriot in s. dunstans church-yard, fleet-street, london : mdclviii. [1658] a reply to "the judgement of the late arch-bishop of armagh and primate of ireland" written by james ussher and edited by nicholas bernard; and "a compleat history of the life and raigne of king charles" by william sanderson. "an appendix to the former tractate" has separate dated title page with continuous register and pagination. assigned separate tract number at e.938[5]. annotation on thomason copy: "aprill 20", "april 20". reproduction of the original in the british library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng ussher, james, 1581-1656. -judgement of the late arch-bishop of armagh and primate of ireland -controversial literature -early works to 1800. bernard, nicholas, d. 1661. sanderson, william, -sir, 1586?-1676. -compleat history of the life and raigne of king charles. 2007-02 tcp assigned for keying and markup 2007-02 apex covantage keyed and coded from proquest page images 2007-03 emma (leeson) huber sampled and proofread 2007-03 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion respondet petrvs : or , the answer of peter heylyn d. d. to so much of dr. bernard's book entituled , the judgement of the late primate of ireland , &c. as he is made a party to by the said lord primate in the point of the sabbath , and by the said doctor in some others . to which is added an appendix in answer to certain passages in mr sandersons history of the life and reign of k. charles , relating to the lord primate , the articles of ireland , and the earl of strafford , in which the respondent is concerned . london , printed for r. royston at the angel in ivy-lane , and r. marriot in s. dunstans church-yard , fleet-street . m dc lviii . the authors preface to the reader . it was upon the 2. of january that doctor bernards book entituled the judgment of the late primate of ireland , &c. came to me from a friend in london , which i had no sooner caused to be read over to me , but i lookt upon it as the most unwelcome new-years-gift that could have been sent me from an enemy . so far i found my self concerned in it , that without a manifest betraying of my fame and innocence , i was not to defer my answer , notwithstanding all the difficulties which appeared before me . i considered of my own unfitness to enter into new disputes , having so little use of my eyes and hands for such imployments ; the eminence of the name which i was to deal with in reference to whom i could be lookt upon no otherwise then as a grashopper compared with the son , of anak ; and finally the disagreeableness of some part of the subject to the complexion and temper of the present times . but on the other side , that saying of s. hierom , se nolle quenquam in suspicione haereseos silentem esse , that he would have no man hold his peace when suspected of heresie , over-ballanc'd all . and in this book of doctor bernards i found my self accused of heterodoxie at the least , if not of heresie , reproacht with violating my subscription , and running cross unto the publick doctrines of the church of england in the book of homilies . reproches not to be endured but by guilty persons , such as sink under the calamity of an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or self-conviction . so that being forced upon an answer , i was resolved to make it as speedy as i could before prejudice and prepossessions had made too strong a head against me in the minds of men . i never lov'd to have such work stick long in my fingers ; and therefore notwithstanding the extremity of the season and the tyrannie of a quartan ague under which i languished , i gave it such a quick dispatch that it might easily have been publisht by the middle of the term then following . but contrary to my expectation it met with so many rubs between the pen and the press , that the term was past before it could be undertaken ; and then the undertakers were not willing to make too much haste , a dead vacation being held to be no fit time to quicken and give life to the sale of new books , not extremely popular . but to say truth , what i have lost one way by these delayes , i have gained in another : for by this means i have had the opportunity of seeing my self abused , and reprochfully handled in the late history of the life and reign of king charles ; the author whereof hath been entertained by doctor bernard as a souldier of fortune to undertake this pen-combat for him , though he would rather be supposed to serve under the lord primates colours , as the nobler general . but serve he under whom he will , t is all one to me , who am design'd to bear the blowes , not made the gentler by the name and reputation of the party who engaged him in it . the best is , that he hath not found me unprovided for my own defence , and if he chance to fall back with some loss of honour , he must blame himself . it hath been alwayes my desire not to die in debt , and therefore i have paid this creditor with an answer also . for though i know well that neglected calumnies are of least continuance , convicia spreta exolescunt , as it is in tacitus : yet this is to be understood of such common fames as pass upon the breath of rumor , and are taken up on hear-say onely , or from short-liv'd pamphlets ; not of such calumnies as are enrolled upon record , or passe into the body of a publick history . if contumelies of this nature were to go unanswered , the party wronged must live defamed , and die remedilesse ; a scorn unto the present times , and a perpetual ignominy to the ages following . to prevent which , i have taken the best course i could to right my self against all opponents , to let both doctor bernard , and this fresh adventurer understand the hazard which they so wilfully run into by provoking an unwilling adversary , who was resolv'd never to have looked back upon those disputes , which formerly had too much exercised both his pen and patience . but being what is past cannot be recalled , we must all submit our selves and our performances to the readers judgment , who i desire may be impartial and unbiassed on either side , that so the truth onely may obtain the victory , and let the people shout and say with them in esdras , magna est veritas & praevalet , that is to say , great is truth and mighty above all things , 1 esdr . c. 4. v. 41. from lacies court in abingdon , march 18. 1657. respondet petrvs , or the answer of peter heylyn , d. d. to so much of doctor bernards book entitled the judgement of the late primate of ireland , &c. sect . i. the priviledges of the dead infringed by dr. bernard ; the answerer drawn unwillingly to this encounter . the occasion and necessity of it . the fathers generally declared against the morality of the sabbath . the day of worship not transferred from the seventh day of the week to the first by christ our saviour , as the lord primate seems to make it . the word sabbatum not used to signisie the lords day , by the ancient writers . the lord primates great mistake in the meaning of sidonius apollinaris . sabbatarius luxus , what it was , and of the riotous feastings of the jews on the sabbath day . the lords day vulgarly ( though but lately ) called the sabbath by the artifice of the sabbatarians , contrary to the known meaning of the word sabbatum in the latine tongue . it was a pious wish of tacitus , that renouned historian , when he had brought agricola to the funeral pile , ut in loco piorum manibus destinato placidè quiescat , a that he might rest without disturbance in the place appointed for the souls of vertuous persons . thus dido with like piety prayed , ut senis anchisae molliter ossa cubent ; b that the bones of old anchises might rest in peace ; and king josia gave command , that the bones of the prophet which prophesied against the altar of bethel , should not be removed . c in which respect the grave is called by tertullian , asylum mortis , d the sanctuary of the dead ; and great complaint is by him made , that the priviledges of that sanctuary were infringed by the gentiles , and the bodies of dead christians most barbarously ravished by them , de requie sepulturae , from the resting places of the grave . a thing so odious in it self , and to all man-kind , that grievous punishments have been inflicted , even by heathen emperours , upon offendors of this nature ; et certè gravissimae poenae in sepulcrorum violatores vel ab ipsis ethnicis imperatoribus statu●ae sunt ▪ as pamelius notes upon the place . in this respect also sollicitare umbras ▪ as manilius hath it , to disturb the spirits of the dead , and sorce them by charmes and incantations from the place of their repose and rest , to the end that we or others may ask counsel of them , hath been alwayes held for execrable , both by god and man. for that this is a trouble and disturbance to them , appears plainly by the passionate words which samuel spake to saul , saying , cu● inquietasti me ? why hast thou disquieted me , and brought me up ? that is to say , disquieted my spirit , and brought up my body by the charmes and sorceries of this accursed woman , the witch of endor . the crime is prohibited by god himselfe in the book of deuteronomy , let none be found amongst you that is a charmer , or that counselleth with spirits , aut qui quaerit à mortuis veritatem , or that asketh counsel of the dead , a necromancer , as we read in our last translation . the criminal party , by the law of moses ▪ to be stoned to death , levit. 20. 27. nor were less punishments inflicted on them by the laws imperial , though differing in the kind of death which was ordained by god in the law of moses ; it being ordered by the edict of the emperour constantine , that such as were guilty of this crime , as of all other kinds of witchcraft ( though otherwise priviledged by their birth , from all sorts of tortures ) tormenta & cruciatas non fugerent , should first be put upon the rack , and endure several sorts of torments , and then be broken on the wheele , and there end their miseries ; for which see the codex . 1. 9. ad taurum . which passages , had they been seriously considered by doctor bernard , as they should have been , he would not have offered the lord primate , his deceased patron , so great an injury , as to force him from the place of repose , and disturb his rest , that either he or any others might ask counsel of , or receive it from him ; to bring him back upon the stage , from whence he had made his exit with a general plaudite ; especially to bring him back to so ill a purpose , as either to begin new controversies , or revive the old : his memory ( by this means ) must needs become less precious then before it was , with all knowing men , whom either in the point of episcopacy , or in that of vniversal redemption by the death of christ , or in the doctrine of the sabbath , or finally in defence of the orders , rites , and ceremonies of the church of england ( to which the doctors book declares him to be no great friend ) he hath made his adversaries . i know well how unworthy a thing it is to rake into the graves of men deceased , and ( like vultures ) to prey on dead bodies ; and that of all combats , there is none more fruitless and ignoble , then that which the greeks call , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to fight with shadows . but if the dead be made to speak , and by writings published in their names , shall disturb the church , and send out chartels of desiance to particular men ( to my selfe for one ) it is all the reason in the world , that their writings should be called to an account , though their persons cannot ; and that the parties so defied should stand upon their guard , and defend themselves , and use all honest arts and means for conjuring down a spirit so unhappily raised . no man of courage will be frighted with an apparition , or terrified with the ghost or shadow ( for the word vmbra takes in both ) of the greatest clerk. but much more reason is there for it , when the dead are not onely made to speak ▪ but to give ill language , to tax a modest man with sophistry & shamelessness , and i know not what ; reproches not to be endured with patience from the dead or living . a worm if trod upon , will turn again , as the proverb is ; and seeing i may say in the psalmists language , that i am a worm and no man , i hope i shall not be condemned if i turn again ; and rather chuse to plead not guilty to the whole indictment , then by a wilful standing mute , to betray both my own fame , and the cause together ; let the worst come that can befal me , it will be thought no discredit to me , to be vanquisht by so great an adversary ; whom to contend with , is an honour , and to be overcome by him would be no disgrace , should it so fall out : so that i may affirm with him in ovid , and perhaps more justly then he did , — nec tam turpe mihi vinci est , quàm contendisse decorum . for i must needs say that the doctor hath engaged me with a noble adversary , who by his indefatigable industry , and unwearied studies , had made himself the master of as great a treasury , both of divine and humane learning , as any man living in this last age could pretend unto ; and which is more , he had it all ready at command , by the benefit of an excellent memory : but no abilities not governed by an infallible spirit can exempt a man from being many ways obnoxious to mistakes and errors ( the common incidences to humane frailty ) men of the greatest eminence in point of learning , being as subject thereunto as those of weaker parts , and less reputation . tertullian , cyprian , origen , and lactantius , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , men of renown for learning in the primitive times , shall attest to this , as in the general rule or thesis ; but whether it will hold good also in the application , the matter in dispute before us , the event must shew . the matter in dispute occasioned by publishing certain letters of the late lord primate , in which he excepteth against some passages in a book of mine , entitled , the history of the sabbath , and signified those exceptions to some special friends ; that is to say , to doctor twisse of newberry , mr. ley of badworth , presbyterians both , and to an honourable friend not named , but like to be of the same stamp with the other two . the letters writ many years ago , anno 1640 and writ with no intent ( as i verily think ) to have been publisht ; but lately publisht howsoever by doctor bernard of grayes inne , and publisht to no other purpose , for ought i can find , but to engage me in this necessary , but unequal duel . the passages excepted against are but five in number , in which i am concerned by name , and but one more , or two at the most , in which i am interessed on the by. and of those five , there is but one material , and of any consequence in the main concernments of the cause ; the other four being either extrinsecal , or of less importance , more then to shew that nothing in that history , which was found liable to exception , should escape uncensured . assuredly it had been a work more proper for so great an antiquary , a man so verst and studied in all parts of learning , to have returned a full and complete answer to that history , had he found it answerable ; then to except against some few passages in it of no greater moment ; and by so doing to justifie and confirm the author in all the rest . exceptio firmat regulam in non exceptis , is a good old rule , and which i might crave leave to use to my best advantage ; but that i am resolved to try my fortune , and make good those passages against which the lord primate hath excepted . to the defence whereof ( with all due reverence to his name and memory ) i shall now proceed . noster duorum eventus ostendat utra gens sit melior . and first the lord primate tells us this , that when he gave himselfe to the reading of the fathers , he took no heed unto any thing that concerned this argument , as little dreaming that any such controversie would have arisen amongst us , p. 74. and i concur with him in words , though perhaps not in meaning also ; there being none who reads the fathers with care and caution , who can suppose that any controversie should arise about the sabbath , against the morality whereof the fathers generally declare upon all occasions . the lord primate tells us of saint augustin , pag. 75. that purposely selecting those things which appertained unto us christians , he doth wholly pretermit that precept in the recital of the commandments of the decalogue . to which testimony ( though this alone may seem sufficient to confirme the point ) i shall adde some more . and first the said saint augustine tells us , that it is no part of the moral law ; for he divides the law of moses into these two parts , viz. sacraments and moral duties , accounting circumcision , the new moons , sabbaths , and the sacrifices , to appertain unto the first ; ad mores autem , non occides , &c. and these commandments , thou shalt not kill , thou shalt not commit adultery , and the rest to be contained within the second . the like saith chrysostom , that this commandment is not any of those , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which naturally were implanted in us , or made known unto our conscience ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , but that it was temporary , and occasional , and such as was to have an end , where all the rest were necessary and perpetual . tertullian also in his treatise against the jewes saith , that it was not spirituale & aeternum mandatum , sed temporale , quod quandoque cessaret , not a spiritual and eternal institution , but a temporal onely . finally , to ascend no higher , justine martyr more expresly in his dispute with trypho a learned jew , maintains the sabbath to be onely a mosaical ordinance ; and that it was imposed upon the israelites , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , because of their hard-heartedness and irregularity . and as for the lords day which succeeded in the place thereof , the fathers generally think no otherwise of it , then as an ecclesiastical institution , not founded upon any precept , either of christ or his apostles , but built perhaps upon some apostolical practice , which gave the church authority to change the day , and to translate it from the seventh on which god rested , to the first day of the week , the day of our saviours resurrection . and though the lord primate , to gain unto the lords day the reputation of having somewhat in it of divine institution , ascribes the alteration of the day to our lord and saviour , page 76. yet neither the author whom he cites , nor the authority by him cited will evince the point . and first , the author will not do it ; the homily de semente , out of which the following proof is taken , being supposed by the learned not to have been writ by athanasius , but put into his works as his , by some that had a mind to entitle him to it ; as generally all the works of the ancient fathers have many supposititious writings intermingled with them . secondly , the authority or words cited will not do it neither , though at first sight they seem to come home to make proof thereof . the words are these , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is to say , the lord translated the sabbath from the seventh day of the week , to the lords day , or first day of the week . which words are to be understood , not as if done by his commandment , but on his occasion ; the resurrection of our lord upon that day , being the principal motive , which did induce his church to make choice thereof for a day of worship . for otherwise the false athanasius , whosoever he was , must cross and contradict the true , who having told us , that it was commanded at the first , that the sabbath should be observed ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as his own words are ) in memory of the accomplishment of the worlds creation ; ascribes the institution of the lords day to the voluntary usage of the church of god , without any commandment from our saviour , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. we celebrate , saith he , the lords day , as a memorial of the beginning of a new creation , which is plain enough . in the next place it is acknowledged by the lord primate , that generally the word sabbatum , in the writings of the fathers , doth denote our saturday , p. 74. which notwithstanding , either because it was affirmed by the historian , history of the sabbath , part 2. chap. 2. num. 12. that the word sabbatum was not used to signifie the lords day by any approved writer , for the space of a thousand years and upward ; or not to leave the sabbatarian brethren at so great a loss in that particular , he would fain find out one ( though but one of a thousand ) who hath used it to denote our christian festivities also . where not that the lord primate doth not say ( as indeed he could not ) that the word sabbatum was used to signifie the lords day , but onely to signifie the other festivals of the church , the christian festivities , as he calls them , in which how much he is mistaken we shall see anon . that one here meant and mentioned is sidonius apollinaris bishop of auvergne in france , who describing the moderation of the table of theoderick king of the goths upon the eves , and the excess on the holy-day following ; he writeth of the one , that his convivium diebus profestis simile privato est , that his table on the working-dayes was furnished like the table of private men ; but of the other dayes , or festivals , he telleth us this , de luxu autem illo sabbatario narrationi m●ae supersedendum est , qui nec latentes potest latere personas , that is to say , that his excess , or sabbatarian luxury required not to be spoken of , because it could not be concealed from those who lived most retiredly . if either the lord primate , or sirmondus the jesuite could infer from hence , that the word sabbatum was used by apollinaris , to signifie , or denote our christian festivities , much less the sunday , or lords day , i shall miss my mark . they say , it is a sign of ill luck for a man to stumble at the threshold , and never was such a stumble made by a man of learning , in the first beginning of a work : for clearly sabbatarius luxus , relates not to the lords day , nor the other festivals , but is there used proverbially , to signifie that excess and riot which that king used at his table on the dayes aforesaid . the proverb borrowed from the jewes , and the riotous feastings on the sabbath . it s true , the jews did commonly fast till noon upon their sabbath , till the devotions of the morning were complete and ended ; on which account they tax the disciples of our saviour , for eating a few ears of corn on the sabbath day , matth. 12. 2. but then it is as true withal , that they spent all the rest of the day in their riotous feastings , not onely with plenty of good cheer , but excess of wine . in which regard , whereas all other marketing was unlawful on the sabbath dayes , there never was restraint of selling wine : the jews believing that therein they brake no commandment , hebraei faciunt aliquid speciale in vino , viz. quòd cùm in sabbato suo à caeteris venditionibus & emptionibus cessent , solum vinum vendunt , credentes se non solvere sabbatum , as tostatus hath it . and for the rest of their excesses saint augustine telleth us , that they kept the sabbath onely , ad luxuriam & ebrietatem , a in rioting and drunkenness , and that they rested onely , ad nugas & luxurias suas , b to luxury and wantonness ; they consumed the day , languido & luxurioso otio , in an effeminate slothful ease : and finally , did abuse the same , not onely deli●iis judaicis , c in jewish follies , but ad nequitiam , even to sin and naughtiness . put altogether , and we have luxury and drunkenness , and sports , and pleasures ; enough to manifest that they spared not any dainties to set forth their sabbath . tertullian hath observed the same , but in fewer words , according to his wonted manner , who speaking of the jewes in his apologeticum adversus gentes , cap. 16. hath told us of them , that they did diem saturni otio & victui decernere , devote the saturday , or sabbath , unto ease and luxury . but before either of them this was noted by plutarch also , an heathen , but a great and grave philosopher , who layes it to their charge , that they did feast it on their sabbath with no small excess , but of wine especially ; and thereupon conjectureth , that the name of sabbath had its original from the orgies , or feasts of bacchus , whose priest used often to ingeminate the word sabbi , sabbi , in their drunken ceremonies . from whence we have the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which signifies to triumph , dance , or make glad the countenance . and from hence also came 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the sirname of bacchus , or at the least some son of his mentioned in coelius rhodiginus , as is observed by dr. prideaux in his tract de sabbato . this said , the meaning of apollinaris will be onely this , that though theoderick kept a spare table on the other dayes , yet on the festivals of the church , he indulged unto himself a kind of sabbatarian luxury , that is to say , such riotous feasting , and excess , as the iewes used upon their sabbath . nothing in this to prove that the word sabbatum was used by any approved writer for the space of a thousand years and upward , to signifie either the lords day , or any of the christian festivities , as the lord primate would sain have had it ; which notwithstanding , partly by the diligence of our sabbatarians , and their active emissaries , and partly by the ignorance of some , and the easiness of the rest of the people , the sunday or lords day is generally called by no other name then by that of the sabbath ; he who shall call it otherwise then the vulgar do , being branded commonly with profaneness or singularity . and yet if any of these fine fellows should be asked the english of the latine word sabbatum , they could not chuse but answer , that it signified the seventh day of the week , or the saturday onely . or if they should , every clerk , notary , and register in the courts of judicature would deride them for it , who in drawing up their processes , declarations , entries , judgements and commissions , never used other latine word for saturday , but dies sabbati ▪ as long as any of those forms were written in the latine tongue ▪ and they continued in that tongue , till toward the later end of the late long parliament , in which it was ordered , that all writs , declarations , and other legal instruments of what kind soever , should be made in english ; the readiest way to make all clerks , atturnies , registers , &c. more ignorant of grammar learning then they were before . sect . ii. the lord primates judgement of the sabbath , delivered in two propositions . his first proposition for setting apart some whole day for gods solemn worship by the law of nature , found both uncertain and unsafe ; no such whole day kept , or required to be kept by the jewes or gentiles . his second proposition , neither agreeable to the school-men , or the sabbatarians , nor grounded upon text of scripture . he reconciles himself with the sabbatarians by ascribing an immutability to a positive law ; but contrary therein to the first reformers , and other learned men of the protestant and reformed churches . he founds the institution of the sabbath on genesis 2. an anticipation or prolepsis in that place of gen. maintained explicitly by josephus , and many of the most learned of the jewish rabbins , as also by tostatus and his followers amongst the christians ; implicitly by those , who maintained that the sabbath was not instituted in the first beginning . the like anticipations frequent in the holy scripture , and justified by many of the ancient fathers , and not a few learned men of the later times . the sabbath not a part of the law of nature . but now before we can proceed to such other passages , which the lord primate hath excepted against in history of the sabbath , either by name , or on the by , it will be necessary that we know his own judgement and opinion in the ground of this controversie ; as well concerning the morality of the fourth commandment , as the true ground and institution of the sabbath . and to find that we must consult his letter to mr. ley , in which he telleth us , that for his own part , he never yet doubted , but took it for granted ; that as the setting of some whole day apart for gods solemn worship was juris divini naturalis , so that this solemn day ( he means the sabbath ) should be one in seven , was juris divini positivi , recorded in the fourth commandment , p. 113. and in these words we have two several propositions , viz. first , that the setting apart of some whole day to gods solemn worship , is juris divini naturalis : and secondly , that the sabbath , which he meaneth by this solemn day , was juris divini positivi , recorded in the fourth commandment ; both which shall be examined in their several turns . and first i would fain know of doctor bernard , or any other of the lord primates chaplains ( since he cannot answer for himselfe ) where we shall find , that the setting apart of some whole day for gods solemn worship , was juris divini naturalis . that some time was to be set apart for the worship of god , is agreed by all , and reckoned by most knowing men , not interessed in any party , to be the moral part of the fourth commandment ; but that this time should be some whole day , is neither imprinted in mans heart by the law of nature , nor ever required of the iews , nor observed by the christians . or granting that some such whole day was to be set apart for gods solemn worship ; i would fain know in the first place when the said whole day was to begin , and how long to continue ; whether it were a whole natural day , or a whole artificial day , as they use to phrase it . and if it were a whole natural day , then whether to extend from midnight to midnight , after the reckoning of the gentiles ; or from sun-setting to sun-setting , from even to even , according to the account of the iewes : or if a whole artificial day , then whether a day of twelve hours onely , after the reckoning of the iewes ; or from sun-rising to sun-setting ( be they more or less ) according to the several climates under which men lived . which points , unless they be well stated , the conscience will have nothing in this case to rely upon . in the next place considering that the lord primate speaks indefinitely of some whole day , without determining when and how often the said whole day was to be observed , i would fain know whether such a whole day was to be set apart once or twice in the week ; or whether it would suffice to the fulfilling of the moral part of the fourth commandment , if it were onely once a month , or once a year , or once in seven year , or once in the course of a mans whole life . for being it is said indefinitly , that the setting apart of some whole day to gods solemn worship , is juris divini naturalis , ingraffed in the heart of man by the law of nature ; it may be probably inferred , that the setting apart of one whole day at what time soever a man pleaseth , may very sufficiently comply with the intention of that law , and consequently discharge the man so doing , from all further observance : which how far it will satisfie the consciences of men , or be accounted acceptable in the sight of god , i shall leave to others to determine . but admitting that this whole day , which the lord primate speaks of , was to have as frequent a return as the iewish sabbath ; i would then know when such a whole day was either ordinarily kept , or required to be kept by the iewes or gentiles . that no such whole day was ever ordinarily kept by the iewes , appears by their riotous feastings on the sabbath day , which before we spake of ; by which it is most evident , that the one half of that day was either spent in luxury and riot , or in rest and idleness ; and that the least part of the other moyety was spent in holy meditation , and much less in the solemn worship of god : which in the first settlement of that nation in the land of canaan , was performed onely in the tabernacle , as afterwards in the holy temple , at which but few of the people , and those which dwelt near the place of worship , could give any attendance . we meet indeed with a commandment , that the sabbath was to be continued from even to even , levit. 23. 32. that is to say , from friday evening at sun-set , until the like time of sun-set on the sabbath day . which precept being first given by god , with reference to the day of atonement or expiation ( and commonly applyed by the iewes to the weekly sabbaths ) requires no otherkeeping of the day for that space of time , more then the afflicting of their souls by a solemn fast , then onely rest from labour , & all servile works . and this appears plainly by the first words of the said 32. verse , where it is said , that it should be unto them a sabbath of rest , compared with vers . 30 , 31. where forbearing all or any manner of work is the chief thing required to the observation of that day . and yet that rest from labour , and cessation from all manner of work frequently intermitted also , either with reference to the solemn keeping of the day it self , mat. 12. 5. or the preservation of the creature , luke 13. 15. & 14. 5. but that the whole day extending from even to even , should be either spent in afflicting their souls , as it is meant onely of the day of atonement or expiation , which was observed but once a year ; or in the acts of solemn and religious worship , if it be understood of the weekly sabbath ( to which the iews commonly applied it also , as before was said ) as i no where find , so have i no reason to believe it without better grounds . certain i am , that so much of the sabbath day , after this account , as intervened between the sun-setting on the friday , and the sun-rising on the sabbath , was partly spent in rest from labour , and making necessary preparations for the day ensuing ; and part thereof in necessary repose and sleep , for the refreshing of their bodies , and support of nature ; and how the rest of that day was spent , we have seen before . there is another place in scripture much prest upon the consciences of the people , by the rigid sabbatarians of these times , to stave them off from any lawful recreation on their new made sabbath ; that is to say , isa . 58. 13 , 14. where god speaks thus unto that people : if thou turn away thy foot from the sabbath from doing thy pleasure on my holy day , and call the sabbath a delight , the holy of the lord , honourable , and shalt honour him , not doing thine own wayes , nor finding thine own pleasure , nor speaking thine own words ; then shalt thou delight thy self in the lord. but if we look better on this text , and compare it with vers . 3. of the same chapter , where we find mention of a fast , and of the afflicting of their souls on the day of that fast , we may see easily that the text so much insisted on by our sabbatarians , relates onely to the day of atonement ; which being a day of publick humiliation , and of confessing their sins to the lord their god , required a stricter withholding of themselves from their lawful pleasures , then any of the weekly sabbaths . so as admitting that this whole day was by god required to be spent in some religious acts of solemn worship ▪ ( though never kept so by the iewes ) yet was it but one whole day in a year , and that injoyn'd also by a positive law ; which if it be sufficient to discharge the obligation laid upon us by the law of nature , the observation of the sabbath formerly , of the lords day now , may be thought superfluous . and if no such whole day were kept , or required to be kept by the iewes , gods peculiar people , there is small hope to find it amongst the gentiles ; who did too much attend their profit , and indulge their pleasures , to spend whole dayes upon the service of their gods . i speak here of that which the gentiles did in ordinary and common course , as a thing constantly required of them , and observed by them ; and not of any extraordinary and occasional action , such as the three dayes fast which was kept in nineve by the kings command , upon that fearful proclamation which was made against it by the prophet ionah . as for the christians , i dare with confidence affirm , that the spending of the whole lords day in the acts of worship , was never required of them , or of any of them , by any imperial edict , or national law , or constitution of the church , till the year 1615. at what time it was enjoyned by the articles of the church of ireland ; as shall be proved at large hereafter , when that passage in those articles comes to be examined . the lord primates first proposition being thus blown off , we next proceed to the examination of the second , that is to say , that the solemn day of worship should be one in seven , was juris divini positivi , recorded in the fourth commandment . a proposition which will find few friends , and many adversaries , especially as it comes attended with the explication which he makes upon it : for first it crosseth with tostatus ( a man of as great industry , and as much variety of learning as any of the age he lived in ) and not with him onely , but with thomas aquinas , the great dictator of the schools , and generally with all the school-men ; of which thus dr. prideaux in his tract de sabbato , sect. 3. it is , as abulensis hath it , a dictate of the law of nature , that some set time be put apart for gods holy worship : but it is ceremonial and legal , that this worship should be restrained either to one day of seven , or the seventh day precisely from the worlds creation . a time of rest is therefore moral ; but the set time thereof is ceremonial : which is confessed by those who have stood most on this commandment , and urged it even to a probable suspicion of iudaisme . aquinas also so resolves it ; and ( which is seldome seen in other cases ) the school-men ( of what sect soever ) say the same : whereby ( saith he ) we may perceive in what respects the fathers have sometimes pronounced it to be a ceremony , and a shadow , and a figure onely . in the next place it crosseth with the sabbatarians of these later times , who generally make the sanctifying of one day in seven , to be the moral part of the fourth commandment ; the limiting of that day to the last day of the week , or the seventh day on which god rested , to be the ceremonial part of it : and it concerns them so to do in point of interest , for otherwise they could find no ground for the morality of the lords day sabbath , and founding that morality on the fourth commandment , and pressing it upon the consciences of the people with such art and industry . so that we have three parts at least of this one commandment , viz. the moral part , consisting in the setting apart of one whole day ( but no matter when ) for gods solemn worship ; the positive part consisting ( as the lord primate saith ) in sanctifying one day in seven ; and then the ceremonial part in limiting that day to the seventh day precisely of the creation of the world , on which god rested from his labours . and strange it were if the judicial law should not put in also for a share , and make up the fourth ; the man that gathered sticks on the sabbath day , being tried according to this law , and condemned accordingly . but here before we shall proceed to the explication , by which the lord primate makes his opinion more agreeable to the sabbatarians then at first it seemed , i must ask some of the lord primates followers , where i shall find the institution of that positive law , which before we heard of , by whom it was ordained , and on whom imposed ; for positive laws must be declared and enjoyned in terms express , or else they are neither laws nor positive . if they shall say that we may find the institution of it in the second of genesis , then must it be the sanctifying of that very seventh day on which god rested from his labours , and not the setting apart , or sanctifying of one day in seven , as the lord primate would fain have it . and , secondly , if the setting a part or sanctifying of one day in seven , as it is juris divini positive , be that which is recorded in the fourth commandment , as the lord primate sayes it is , then must it also be the same very seventh day on which god rested , as before ; there being no other day but that commanded to be kept holy in that commandment , or mentioned to be blessed and sanctified by the lord our god. and on the other side , if sanctifying the seventh day precisely on which god rested from his labours , either as mentioned in the fourth commandment , or instituted in gen. 2. be onely juris ceremonialis , but a matter of ceremony , as the sabbatarians would fain have it : then as they leave no room at all for the lord primates positive law , in either scripture ; so do they furnish the church with a better argument against themselves , concerning the antiquity and use of ceremonies , then hath yet been thought of . but leaving them to free themselves from these perplexities at their better leisure , we must next see what satisfaction will be offered to the sabbatarians ; who make the sanctifying of one day in seven to be the moral , not the positive part of the fourth commandment : and herein we shall find the lord primate very ready to give them all possible contentment . and therefore he ascribes so much morality to his positive law , as to make it immutable , and unchangeable by men or angels , which is one of the chiefe priviledges of the moral law ; and then he fixeth the first institution of it on gen. 2. which makes it equal in a manner to the law of nature , if not part thereof . and first , saith he , i mean here such a jus divinum positivum , as baptism and the lords supper are established by ; which lieth not in the power of any man or angel to change or alter , pag. 105. this makes it somewhat of kin to a moral precept , of which the school-men have afforded us this general aphorism , praecepta legis naturalis esse indispensabilia , that is to say , that the precept of the moral law , or the law of natures , are not to be dispenst withal upon any occasion or necessity whatsoever it be , and much less to be changed and abrogated at the will of man : which explanation ( not to dispute the mutability , or immutability of a positive law ) will find as many adversaries as the proposition ; as that which crosseth with the doctrine of some of the first martyrs in the church of england , and with the first reformers , and other leading men of the protestant and reformed churches . and first it is resolved thus by mr. tyndal ( a man sufficiently famous for his great pains in translating the bible into english ) who suffered martyrdom in the year 1536. as for the sabbath ( saith he ) we be lords over the sabbath , and may yet change it into monday , or into any other day , as we see need ; or may make every tenth day a holy day onely , if we see cause why . neither was there any cause to change it from the saturday , but to put a difference between us and the jewes ; neither need we any holy day at all , if the people might be taught without it . and somewhat to this purpose ( though not in terms so fully significant and express ) we find affirmed by john frith , ( a man of much learning for his age ) who suffered martyrdom in the year 1533. our fore-fathers ( saith he ) which were in the beginning of the church did abrogate the sabbath , to the intent that men might have an example of christian liberty , &c. howbeit , because it was necessary that a day should be reserved , in which the people should come together to hear the word of god , they ordained in stead of the sabbath , which was saturday , the next day following , which is sunday . and although they might have kept the saturday with the jew , as a thing indifferent ; yet they did much better . which words of his , if they seem rather to demonstrate the churches power in altering the time of worship from one day to another , then the mutability of the precept on the which it was founded ; i am sure that zuinglius the first reformer of the church among the switzers , will speak more fully to the purpose : hearken now valentine ( saith he ) by what wayes and means the sabbath may be made a ceremony ; if either we observe that day which the jewes once did , or think the lords day so affixed unto any time , vt nefas sit illum in aliud tempus transferre , that we conceive it an impiety it should be changed unto another ; on which as well as upon that , we may not rest from labour , and hearken to the word of god ; if perhaps such necessity should be , this would indeed make it become a ceremony . but calvin speaks more plain then he , when he professeth , that he regarded not so much the number of seven , vt ejus servituti ecclesias astringeret , as to enthral the church unto it . and this is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as much as can be comprehended in so narrow a compass . more largely vrsine the divinity reader in the university of heidelberg , and a great follower of calvin in all his writings , who makes this difference between the lords day and the sabbath ; that it was utterly unlawful to the jewes , either to neglect or change the sabbath without express commandment from god himself , as being a ceremonial part of divine worship : but for the christian church , that that may design the first or second , or any other day to gods publick service ; so that our christian liberty be not thereby infringed , or any opinion of necessity or holiness affixt unto them , ecclesia verò christiana primum , vel alium diem tribuit ministerio , salva sua libertate , sine opinions cultus vel necessitatis , as his own words are . chemnitius yet more plainly for the lutheran churches , who frequently affirms , that it is libera observatio , a voluntary observation ; that it is an especial part of our christian liberty , not to be tied to dayes and times , in matters which concern gods service , and that the apostles made it manifest by their example , singulis diebus , vel quocunque die , that every day or any day may by the church be set apart for religious exercises . and finally as bullinger , bucer , brentius cited by dr. prideaux in his tract de sabbato , & è nostri● non pauci , besides many others of the reformed churches , by telling us that the church hath still a power to change the time of worship from one day to another , do tacitly infer that the church hath power to change that time from the seventh day to the tenth or twelfth , as well as from the first day of the week to the third or fourth ; so they which teach us , that the sanctifying of one day in seven is not the moral part of the fourth commandment , do imply no less . of which opinion beside tostatus and the schoolmen before remembred , we find also calvin to have been , lib. instit . 2. c. 8. 11. 34. besides simler in exod. 20. aretius in his common places , loco 55. franciscus gomarus , in his book , de origine & institutione sabbati . ryvet in exod. 20. p. 190. to whom chemnitius may be added for the lutheran churches . in one of which it is affirmed ▪ that the sanctifying of a seventh day rather then of the eighth or ninth , juris est divini , sed ceremonialis . and if it be ceremonial only , though of gods appointment , it must be subject unto change and mutability , as well as circumcision and the passover , or any other of the legal or mosaical ordinances . and by another it is said , that it can neither be made good by the law of nature , or text of scripture , or any solid argument drawn from thence , vnum è septem diebus ex vi praecepti quarti ad cultum dei necessariò observandum , that by the fourth commandment , one day in seven is of necessity to be dedicated to gods service : which does as plainly contradict the lord primates second proposition , as the explication of it is found contrary to the rest before . the second way whereby the lord primate doth strengthen and support his positive law , and makes it to come more near to the sabbatarians of these later times , is by his fixing the first institution of it on the second of genesis , which makes it equal in a manner to the law of nature , if not part thereof . for that the institution of it in the first beginning , is the very same with making it a part or branch of the law of nature , may be inferred first from these words of tostatus in gen. 2. num ▪ sabbatum cùm à deo sanctificatum fuerit in primordio rerum , &c. whether the sabbath being sanctified by god in the infancy of the world , had been observed by men , by the law of nature . and secondly , it may be inferred from dr. prideaux in his tract de sabbato , sect. 2. some , saith he , fetch the original of the sabbath from the beginning of the world , when god first blessed the seventh day and sanctified it . whence well this question may be raised , whether before the publishing of moses ' s law , the sabbath was to be observed by the law of nature ? and that the lord primate doth fetch the original of the sabbath from the beginning of the world , is evident from a passage in his letter to dr. twisse , p. 78. in which , saith he , ( addressing his speech unto that doctor ) the text of gen. 2. 3. ( as you well note ) is so clear for the ancient institution of the sabbath , and so fully vindicated by dr. ryvet from the exceptions of gomarus , that i see no reason in the earth , why any man should make doubt thereof . and yet the matter is not past all doubt neither , i am sure of that : for other men as eminent in all parts of learning , and as great masters of reason as doctor ryvet ever was , have affirmed the contrary ; conceiving further , that those words in the second of genesis are spoken in the way of a prolepsis or anticipation : gods sanctifying the day of his rest , being mentioned in that time and place , not because the sabbath was then instituted , but because it was the occasion of setting apart that day by the fourth commandment to be a sabbath , or a day of holy repose and rest to the house of israel . of this opinion was tostatus in his comment on gen. 2. countenanced by iosephus antiq. l. 1. c. 2. by solomon iarchi , one of the principal of the rabbins , and many other learned men of the iewish nation , as appears by mercer a learned protestant writer , and one well verst in all the learning of the iewes , in his comment on gen. 2. who addes de proprio , that from gods resting on that day , postea praeceptum de sabbato natum est , the commandment for sanctifying the seventh day was afterwards given . and this opinion of tostatus passed generally for good and currant with all sorts of people till ambrose catharinus , one of the principal sticklers in the councel of trent , opposed him in it ; who though he grant the like anticipation , gen. 1. v. 27. disalloweth it here . and disallowing it in this place , he not onely crosseth with tostatus , but with some of the most learned christian writers , both of the church of rome , and the protestant churches , who hold that the sabbath was not instituted in the first beginning , nor imposed on adam as a law , to be observed by him and his posterity . of this opinion was pererius a learned and industrious man of the romish party , in his comment on the second of genesis and of this opinion was gomarus , that great undertaker against the arminians , in his tract de origine & institution : sabbati , with many other eminent men of both religions , too many to be named in this place and time : whose opinions in this point cannot otherwise be made good ▪ and justifiable , but by maintaining an anticipation in this text of moses ; though few of them speak their minds so fully and explicitely in it as dr. prideaux , no way inferiour to the best of those who opine the contrary . for what weak ▪ proofs are they ( saith he ) which before were urged ? god blessed the seventh day and sanctified it ; therefore he then commanded it to be kept holy by his people . and then he addes — moses ( as abulensis hath it ) spake this by way of anticipation ; rather to shew the equity of the commandment , then the original thereof . so he in the third section of his tract de sabbato . nor are such anticipations strange in holy scripture ; for besides that anticipation in the first of genesis , vers . 27. allowed by catharinus , as before was said , defended by st. chrysostome on gen. 2. origen on gen. 1. gregory the great in his morals , lib. 32. cap. 9. and finally justified by st. hierom , who in his tract against the jewes doth affirm as much ; we find the like gen 12. 8. & judges c. 2. v. 1. both which are granted without scruple by dr. bound , the first who set on foot the sabbatarian doctrines in the church of england . the like anticipation is observed in exod. 16. 32. as appears plainly , both by lyra and vatablus , two right learned men ; the first a jew , the second eminently studied in the jewish antiquities . and yet the observation is much elder then either of them , made by st. augustine , who lived long before the time of lyra , in his 62. question on the book of exodus ; and by calvin who preceded vatablus , in his comment on that tract of scripture ▪ these passages and testimonies i have onely toucht and pointed at , as plainly and briefly as i could , for the readers better satisfaction in the present difference ; referring for the quotations at large to the history of the sabbath , part 1. c. 1. n. 2 , 3. 4. and there he shall be sure to find them . from all which laid together it is there concluded , that for this passage of the scripture , there is nothing found unto the contrary , but that it was set down in that place and time , by a plain and neer anticipation ; and doth relate unto the time wherein moses wrote : and therefore no sufficient warrant to fetch the institution of the sabbath from the first beginning . nor could i find when i had doctor ryvet under my eye , that his arguments against gomarus were of weight enough to counter ballance the authority of so many learned writers , both jewes and christians ; or to weigh down so many texts of holy scripture , in which the like anticipations are observed by origen , hierom , chrysostome , and gregory the great , men of renown for piety and learning in the primitive times , and by many other learned men in the times succeeding , though otherwise of different perswasions in the things of god. but ryvet and the lord primate held the same opinion , both of them grounding the first institution of the sabbath on a positive law. legem de sabbato positivam non naturalem agnoscimus , are the words of ryvet , p. 173. which is the same with the lord primates jus divinum positivum , though in different terms . and therefore it can be no marvel if ryvets arguments be cried up for vindicating that passage in the second of genesis in so full a manner , that the lord primate can see no reason in the earth , why any man should make doubt thereof . and yet there may be good reason for it , though he see it not . now that the seventh day sabbath was not a part , or branch of the law of nature , which is observed to be a necessary consequent , following upon the fixing of the first institution of it in the second of genesis , will evidently appear by the concurrent testimonies of learned men , both of the elder and last times . it was indeed naturally ingraffed in the heart of man , that god was to be worshipped by him , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , said the grecian orator , imprimis venerare dium , said the latine poet. and it was also naturally ingraffed in the heart of man , not onely that some time should be set apart for the worship of god , of which we have so many evident examples in the greeks and romans , that no man can make question of it , but that in all the acts of worship a man should totally abstract himself from all worldly thoughts , which might divert him from the business he was then about . orantis est nihil nisi coelestia cogitare , as we learned when school-boyes . but that this time should rather be the seventh day then any other , is not a part or branch of the law of nature , never accounted so by the ancient writers , nor reckoned so by some of those of note and eminency , who otherwise are great friends to the lords day sabbath . certain i am that theodoret doth not so account it , who telleth us that the observation of the sabbath came not in by nature , but by moses ' s law ; sabbati observandi non natura magistra sed latio legis , which is short , but full . nor is it so accounted by sedulius , another of the ancient writers , who ranks it amongst the legal ceremonies , & not amongst those things quae legi naturali congruunt , which are directed meerly by the law of nature ; nor by damascen amongst the greeks , who doth assure us , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is to say , that when there was no law enacted , no● no scripture inspired by god , that then there was no sabbath neither ; nor finally by our venerable beda , who lived about the same time with damascen , and was of the same judgement with him in this particular : for he assures us , that to the fathers before the law , all dayes were equal ; the seventh day having no prerogative before the others , which he calls , naturalis sabbati libertatem , the liberty of the natural sabbath ; and by that liberty ( if i rightly understand his meaning ) men were no more restrained to one day then unto another , no more unto the seventh then the fourth or eighth . tostatus to the same effect , for the middle times , who telleth us , that howsoever the hebrew people , or any other before the giving of the law , were bound to set a part some time for religious duties , non tamen magis in sabbato quàm in quolibet aliorum dierum , yet were they no more bound to the sabbath day , then to any other . for this last age , though i could help my selfe by many good authors , yet i shall rest content with two , that is to say , the lord primate himselfe , and doctor ryvet before named , who build the institution of the sabbath on a positive law , and not upon the law of nature . and therefore if the instituting of the sabbath in the first beginning , be in effect to make it all one with the law of nature , as was inferred from dr. prideaux and tostatus ; it must needs follow thereupon , that the sabbath not being lookt on as a part of the law of nature , could not be instituted ( as the lord primate saies it was ) in the first beginning . sect . iii. the sanctifying of the sabbath in the first beginning , imports a commandment given to adam for the keeping of it . no such commandment given to adam in his own personal capacity , nor as the common root of mankind . the patriarchs before the flood did not keep the sabbath . the sabbath not observed by the patriarchs of the line of sem , nor by the israelites in egypt . that the commandment of the sabbath was peculiar onely to the jewes , proved by the testimony of the fathers , and the jewes themselves . that the seventh day of every week was not kept holy by the gentiles , affirmed by some of their own best authors , and some late divines . the jewes derided by the gentiles for their seventh day sabbath . the lord primates antithesis , viz. that the seventh day was more honoured by the gentiles then the other six , not proved by any ancient author , either greek or latine . the three greek poets whom he cites , do not serve his turn ; and how they came to know that the creation of the world was finished in seven dayes , which is all they say . the passage of tertullian in his tract ad nationes , as little to his purpose as the three greek poets . the meaning of that author in his apologeticum cap. 16. not rightly understood by the lord primate ; whose arguments from tibullus , lucian , and lampridius conclude as little as the rest . the observation of the sabbath , and other jewish ceremonies taken up by the later gentiles , not upon any old tradition , but by imitation . the custome of the romans in incorporating all religions into their own , and the reason of it . but there is one conclusion more which follows on the instituting of the sabbath in the first beginning , and is like to afford us more work then the other did . for if it be all one to bless and sanctifie the seventh day in the beginning of the world , as to impose it then on adam to be kept and sanctified , as some say it is ; it may be very well concluded , that if no such commandment was then given to adam , the sabbath was not blessed and sanctified in the first beginning . nor can it stand with piety & reason that it should be otherwise ; for to suppose , that god did set apart , and sanctifie the seventh day for a day of worship , and yet that no commandment should be given for the keeping of it , what is it but to call in question the most infinite wisedom of almighty god , which never did any thing in vain ? unless perhaps we may conceive with tornelius , that the angels solemnized this first sabbath with joyful shouts and acclamations , as he gathereth from iob 38. 4 , 6. or that the word , the second person in the syntax of the blessed trinity , did take our humane shape upon him , and came down to adam , and spent the whole day with him in spiritual exercises , as is affirmed by zanchius , with an ego non dubito , as a matter which no man need make doubt of , but he that listed . for if any such commandment was given to adam , it must be either given him in his own personal capacity , or as he was the common root of all mankind , which was then virtually in his loyns , as levi is said by the apostle to have paid tithes unto melchisedeck , because he was then virtually in the loyns of his father abraham when those tithes were paid . but no such precept or command was given to adam in his own personal capacity , for then the sabbath must have died and been buried in the same grave with him ; nor was it given to him as the common root of all mankind , for then all the nations of the world had been bound to keep it : the contrary whereof we shall see anon . in the mean time let us take with us the authority of the ancient writers , by some of which it is affirmed that no commandment was given by god to our father adam , but that he should abstain from eating of the fruit of the tree which grew in the middle of the garden ; as namely by tertullian adversus iudaeos . basil de jejunio . ambrose lib. de elia & jejunio c. 3. chrysostom hom ▪ 14. & 16. on the book of genesis . austin de civitate l. 14. c. 12. as also by many other christian doctors of all times and ages , who from hence aggravate the offence of adam , in that he had but one commandment imposed on him , and yet kept it not . by others it is said expresly that adam never kept the sabbath , as certainly he would have done at some time or other , if any such commandment had been given him by the lord his god ; as namely by iustin martyr in his dialogue with trypho the iew , tertullian in his book adversus iudaeos , which may be gathered also in the way of a necessary consequence from the words of eusebius , de praep. evang. l. 7. c. 8. and those of epiphanius adversus haereses l. 1. n. 5. whose words we have laid down at large , hist . of sub. p. 1. c. 1. n. 5. this is enough to prove that no command for keeping of the sabbath day was given to adam in his own personal capacity , and no more then so ; besides the necessary expiring of the sabbath with him , had it been so given . and that it was not given to him as the common root of mankind , will appear as plainly , by the not keeping of that day by any which descended from him , till it was declared unto the israelites in the fall of mannah , and afterwards imposed upon them by the fourth commandment : for if it had been kept by any , it must have been by those of the godly line , from whom our saviour was to derive his humane nature ; and yet it hath been proved out of very good authors that it was never kept by abel , seth , enos , enoch , or methusalem , nor finally by noah himselfe , though called in scripture by the name of a preacher of righteousness ; the proofs whereof may be found at large in the history of the sabbath , part 1. chap. 2. num. 6 , 7 , 8 , 9. and if it were not kept by those of the godly line , we have no hope to find any thing for the keeping of it in the house of cain , or in the families of any of the other sons of adam , whose extreme wickedness grew so abominable in the sight of god , that he was forced to wash away the filth thereof by a general deluge . after the flood , we find the world repeopled by the sons of noah , the godly line being as ignorant of the sabbath as the rest of the nations : for it hath been sufficiently proved out of very good authors , that neither sem nor melchisedech ( if a different person from him ) nor heber , nor lot , ever kept the sabbath ; and that it was not kept by abraham , or any of his sons , as neither by iacob , ioseph , moses , or any of the house of israel , as long as they remained in egypt , in the house of bondage ; for which see hist . of sab. part. 1. c. 3. n. 4 , 5 , 7 , 8 , 9. and if we find no such observance in the house of sem , who were more careful of their wayes , and walked agreeably to the declared will and pleasure of almighty god , it were in vain to look for it in the house of iaphet , or in that of the accursed cain , the founders of the europaean and african nations , or amongst any others which descended from the sons of sem , who pass together with the rest by the name of gentiles . now that the gentiles were not bound to observe the sabbath , is proved by divers of the fathers , and many of the greatest clerks among the iewes , whom affirm expresly that the commandment of the sabbath was given to none but those of the house of israel . of this mind was st. austin epist . 119. de gen. ad lit . l. 4. c. 11 , 13. epist . 86. ad casalanum ; in all which places he appropriates this commandment to the iewes or hebrews . st. cyril in ezek. h. 20. theodoret in ezek. 20. procopius gazaeus in gen. 21. and for the iews , it was a common opinion received amongst them , that the sabbath was given to them onely , and not to the gentiles , as petrus galatinus proves from the best of their authors ; who thereupon inferreth , quod gentes non obligantur ad sabbatum , that the gentiles were not bound to observe the sabbath . the like may be gathered from iosephus , who in many places calls the sabbath 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or a national custome , antiq. lib. 4. cap 8. & de bello lib. 2. cap. 16. to whom i shall now adde another of later date , of my lord primates own commending , that is to say , manasses ben israel , who telleth in his book de creatione , that the observation of the sabbath was commanded onely unto the israelites , and that all the duties which the heathen were tied unto , were comprised in the precepts given to the sons of noah , as is affirmed in the letter to dr. twisse , p. 78. and that the sabbath was not kept by the gentiles ( as well as not imposed upon them by any commandment ) the historian hath made good by two several mediums ; whereof the first is taken from the writings of the gentiles themselves , by which it doth appear that they gave no greater respect to the saturday , then to any other day whatever ; and that though they celebrate the seventh day as a festival day , yet was it not the seventh day of the weeek , but the seventh day onely of every month , which might happen as well upon any of the six dayes as upon the saturday . and so it is observed by philo a right learned jew , who puts this difference between the gentiles and the jews ; that divers cities of the gentiles did solemnize the seventh day , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , once a month , beginning their account with the new moon , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , but that the jewes did keep every seventh day constantly . nor was the seventh day of the month on which they sacrificed to apollo , esteemed more holy by the gentiles then their other festivals , on which they tendered their devotions to their other gods ; and in particular was not accounted more holy then the first or fourth , which hesiod placeth in the same parallel with the seventh in this following verse , viz. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . in which if any should take notice that the attribute of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or holy , is affixt unto the seventh day onely , the scholiast on that author shall remove that scruple , a novilunio exorsus tres laudat , omnes sacras dicens , septimam etiam ut apollinis natalem celebrans ; and tells us that all three are accounted holy , and that the seventh was also celebrated as apollo's birth-day . as for the first day of the month , as is observed by alexander ab alexandro , it was consecrated by the greeks to apollo also , the fourth to mercury , the eighth to theseus , because he was derived from neptune , to whom , as plutarch saith , they offered sacrifice on the same day also . so was the second day of the month consecrated to the bonus genius , the third and fifteenth to minerva , the last to pluto , and every twentieth day by the epicures to their god the belly . thus also had the romans their several festivals in every month , some in one month , and some in another ; the ninth day onely of every month being solemnly observed by them ( and from thence called nundinae ) because devoted unto iupiter the most supreme deity . but what need more be said in this , when we have confitentem reum ? for dr. bound , the first that set on foot these new sabbath-doctrines , doth confess ingeniously , that the memory of weeks and sabbaths was altogether suppressed and buried amongst the gentiles ; to whom i shall subjoyn de novo the lord primate himself , who though he stick hard to prove that the saturday was held in greater estimation by the gentiles then all the rest yet he acknowledgeth at the last , that they did not celebrate their saturdayes with that solemnity wherewith themselves did their annual festivities , or the jews their weekly sabbaths , p. 85. therefore not kept by them as a sabbath , there 's no doubt of that ; which was by the first of the two mediums to be clearly proved . the second medium by which it is proved by the historian , that the gentiles did not keep the sabbath , is gathered from those bitter scoffs and satyrical jeers , which the gentiles put upon the jewes ( and such of their own people as did judaize ) for the observation of the same . of this we have an ev●dent proof in the prophet ieremiah , who telleth us in his book of lamentations , how the adversaries of the jewes did mock at their sabbath , c. 1. v. 7. and adversaries they had of all sorts , and of different countreyes , who did mock at them for their observation of the sabbath day . the name derived by apion from sabbo , an egyptian word , signifying an inflammation in the privy parts , from which by resting on the seventh day they received some ease ; then which what greater scorn could be put upon it by a wretched sycophant ? but others with more modesty , but as little truth , from sabbo signifying the spleen , with which the jews were miserably tormented till on the seventh day released from it ; for which consult giraldus in his book de annis & mensibus : by persius in his fifth satyre called recutita sabbata , in which their circumcision and their sabbaths were both jeered together : by ovid peregrina sabbata , in his first book de remedio amoris , because not known or commonly observed amongst the romans : the men themselves by martial in his epigram to bassa , reprochfully nick-named sabbatarii : accused for spending the seventh part of their lives in sloth and idleness by seneca apud . august . de civit. dei l. 6. c. 11. iuvenal sat. 14. tacitus hist . l. 5. and therefore fitted with a day of equal dulness , the saturday ( or dies saturni , as the latines call it ) being thought unfit for any business , rebus minus apta gerendis , as it is in ovid , whose words i shall produce at large , because i am to relate to them on another accasion . quaque die redeunt , rebus minus apta gerendis , culta palaestino septima sacra viro. the seventh day comes for business most unfit ; held sacred by the jew , who halloweth it . a fansie not so strange in ovid , as it seems in philo , a jew by birth , and a great stickler in behalf of the jewish ceremonies , who telleth us , that the seventh day was chosen for a day of rest , because the seventh number in it selfe was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is to say , the most peaceable number , the most free from trouble , war , and all kind of contention . yet not more strange in philo then it is in aretius , a writer of the reformed churches , who thinks that day to have been chosen before any other , quod putaretur civilibus actionibus ineptum esse , &c , because that day was thought by reason of the dulness of the planet saturn , more fit for contemplation then it was for action . adde more ( to end as i began with an etymology ) that plutarch derives the name of sabbath from sabbi sabbi , ingeminated by the priests of bacchus in his drunken orgies ; as others do from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which signifies to celebrate those orgies : both with reproch enough to the jewish nation , who by their riotous feastings and excesses on the sabbath day , gave such a scandal to the gentiles , that luxus sabbatarius became at last to be a by-word , as in that passage of apollinaris spoken of before . out of all which it may be probably inferred , that they that did so scornfully deride the jewish sabbaths , did keep no sabbath of their own ; by consequence , that no command for the keeping of it was given to adam as the common root of all mankind , and therefore no such institution in the second of genesis , as the lord primate would fain have it . against these passages & proofs the l. primate makes not any exceptions ; and therefore it may be took for granted , that the gentile● neither were commanded to keep the sabbath , nor did keep the sabbath , which were the matters to be proved . but for an answer thereunto , he sets upon antithesis , a contrary proposition of his own , of purpose to run cross to that which is maintained by the historian , l. 4 c 1. n 8. for wheras it was there affirmed by the historian , that the 7th . day was not more honoured by the gentiles then the eighth or ninth ; the lord primate on the other side hath resolved the contrary , affirming , that the heathens did attribute some holiness to the seventh day , and gave it a peculiar honour above the other dayes of the week , p. 83. for proof of this , he first supposeth a tradition among the jewes and gentiles , that the seventh day was not of moses but the fathers , and did not begin with the commonwealth of israel , but was derived to all nations by lineal descent from the sons of noah , p. 82. but where to find , and how to prove this tradition , we are yet to seek ; the lord primate vouching no more ancient author for it then tertullian , who lived almost two hundred years after christ our saviour , and relates onely to his own times , not to those of old . no evidence produced to prove the proposition , or the supposition , out of any of those famous writers , philosophers , historians , poets , orators , who flourished in the heroick times of learning amongst the grecians ; nor from any of the like condition amongst the roman● , who lived and flourished before or after the triumphant empire of augustus caesar ( one passage out of tibullus excepted onely ) till we come to aelius lampridius , an historian , who lived after tertullian . it 's true the lord primate cites three greek verses from as many of the old greek poets , but they make nothing to his purpose , as himselfe confesseth . the verses alledged ( as he telleth us ) by clemens alexandrinus ( l. 5. stromat . ) & eusebius ( lib. 13. de praeparat . evangel . ) which verses and four others to the same effect , he might have found in the history of the sabbath , part 1. chap 4. num. 9. and there he might have found also , that those verses had been formerly alledged by a learned iew named aristobulus , who lived about the time of ptolemy philometor king of egypt . the three poets which i find here cited , are homer , linus , and callimachus ; the three verses these : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . but there is nothing in these verses which proves either the proposition , or the supposition , touching the honouring of the seventh day more then any other , but onely that the poets were not ignorant that the works of the creation were finished on the seventh day , as himself acknowledgeth p. 86. now how these poets came to know that the creation of the world was finished on the seventh day , is told us by aristobulus before mentioned , namely , that the poets had consulted with the holy bible , and from thence sucked this knowledge , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as his own words are . and this may be agreeable enough to the times they lived in . for homer who was the oldest of them , flourished about 500. years from the death of moses , which hapned in or near the reign of solomon the son of david , the most mighty monarch of the hebrews , at what time the people managed a great trade in egypt , and held good correspondence with those of tyre , from both of which being sea-faring nations , the greeks might come unto the knowledge ( derived to them from the book of moses ) of the worlds creation . and as for callimachus who was the latest of the three , he lived not till 700. years from the time of homer , which hapned in the reign of seleucus nicanor , the first king of syria of the macedonian race or linage , when the jewes were under the command of one or other of the princes of greece , as successors to alexander the great in his eastern conquests . now for tertullian , on whose authority the lord primate doth most rely , we find him cited pag. 84. in two several places , each place relating to a several tract of that learned writer . the first is taken from the first book and thirteenth chapter of his tract inscribed ad nationes , published first amongst the rest of his works , in the edition of rigaltius , and not long after , in a small volume by it selfe at geneva , anno 1625. with gothofred his notes upon it ; supposed by some to be but the rude draught of his apologetick adversus gentes ; but whether it be so or not , we must take it as it lies before us ; and the words are these , viz. qui solem & diem ejus nobis exprobratis , agnoscite vicinitatem ; non longè à saturno & sabbatis vestris sumus ▪ where first it is to be observed , that tertullian speaks not this of the ancient gentiles , but applies himself to those onely of the times he lived in ; and therefore no fit author either to prove the proposition , that the heathens did attribute some holiness to the seventh day ; and gave it a peculiar honour above the other days of the week , unless he mean it of the heathens , amongst whom he lived ; much less to justifie the perpetual tradition of the seventh day , which the l primate will not have to be derived unto them from the common-wealth of israel , but the sons of noah . and secondly , we may observe , that many of the gentiles at that time when tertullian wrote that tract unto them , had taken up many of the jewish customs , & amongst others the observation of their sabbath , whose riotous feastings on the same might be communicated very readily unto all the rest . but this can be no proof at all for the times preceding , especially before the jewes began to intermingle in the provinces of the roman empire ; and much less serve to fill up that vast vacuity which was between that intermingling and the sons of noah . pass we on therefore to the next , taken from the apologetick , chap. 16. to which for the better understanding of the former passage , we are referred by gothofredus . aequè si diem solis ( saith tertullian ) laetitiae indulgemus , alia longè ratione quàm religione solis ; secundo loco ab eis sumus qui diem saturni otio & victui decernunt — exorbitantes & ipsi à judaico more , quem ignorant . which words of his , though the lord primate would apply as spoken of , because they are spoken to the gentiles , i doubt not , but upon examination of the authors meaning , we shall find it otherwise ; which passage by the scholiast is thus glossed , quod autem ad diem solis attinet , alio ratio est à cultu solis , quae nos eum diem qui est à saturni secundus , & à judaeis superstitiosè observatur , celebrare persuadet ; nam & illi nesciunt suam legem explosam jam & exoletam refrixisse . pamelius gives this note upon it . that the christians celebrated the sunday , ut distinguantur à judaeis qui diem saturni , id est , sabbatum , solenniter etiamnum otio decernunt ; to the end they might be distinguished from the jewes , who devoted their sabbath ( which the romans call by the name of dies saturni ) unto ease and eating . what the effect is of the scholiast and his paraphrase we shall see anon . in the mean time we may observe that tertullian doth not say , secundo loco à vobis sumus , that we are in the next place to you , by which he might understand the gentiles ; but secundo loco ab eis sumus qui diem saturni otio & victui decernunt , who dedicate the saturday unto sloth and luxury ; which must be understood of the jewes , and of none but them . and whereas the lord primate layes the strength of his argument on the last words of his author , viz. exorbitantes & ipsi à judaico more quem ignorant , that is to say , that the gentiles by consuming that day in ease and riot , had deviated from the custome of the jewes , of which they were ignorant : yet certainly those words are capable of no such construction : for certainly the gentiles by consuming that day in rest and riot , could not be said to deviate from the custom of the jewes , whose riotous feastings on their sabbath had made them a reproch to the greeks and romans ; nor could they in any sense be said to be ignorant of the jewish custome in that kind , which plutarch had before observed and charged upon them . in the next place , the scholiast applying the former passage to the jewes alone , and their superstitious observation of their sabbath , or saturn's-day , gives us this gloss on the last words which are now before us , viz. nam & illi nesciunt suam legem explosam jam & exoletam refrixisse , that is to say , that they were ignorant that the law ( by which their sabbath had been ordained ) was repealed & abrogated . which though it may be true enough in the proposition , yet i cannot think that it agrees with the authors meaning in the application . nor am i better edified with the criticism of gothofredus on this place , who thinketh it to lie under some great corruption ( qui locus haectenus in foedissimo mendo cubat ) leaves in worse case then he found it — by his pretended emendation . and therefore i conceive tertullians meaning to be briefly this , that the jewes then living had so disused and estranged themselves by their riotous feastings on the sabbath from that sobriety and moderation wherewith their ancestors had used to observe that day , that they seemed ignorant in a manner of the ancient custome of their own nation in that case . these passages of tertullian being thus explained , the answer to the rest of the lord primates authors will find less difficulty . tibullus in a verse of his saturni sacrâ me tenuisse die . bestowes the epithet of sacrâ upon the saturday , or day of saturn . but this i say , and so sayes the lord primate too , is not so properly to be understood of the gentiles , who made not the seventh day a festival ( or an holy-day ) as the jewes did , p. 83. but of the very jewes themselves , who kept it for a festival , or an holy-day . and then tibullus sayes no more then what ovid hath affirmed in the verse formerly cited , in which he calleth the seventh day by the name of septima sacra dies , with reference to the jewes , and to them alone . that which comes next from lucian in his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , touch the boyes getting leave to play 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , on the seventh day , or saturday , p. 86. is of little consequence ; lucian then lived in the east countries , where the gentiles , jewes and christians lived promiscuously with one another . and it is probable enough that the school-masters observing that the saturday was held in great veneration by the christians , and kept for a festival by the jewes , the better to comply with both , or to send home their children ( if they had any such in their schools ) in convenient time ; might rather chuse to gratifie the boyes with a play day , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , on the seventh day or sabbath , then on any other . and as for the emperor alexander severus , and his using to go unto the capitol and other temples on the saturday or seventh day , as aelius lampridius hath informed us of him , it is of less consequence then the former : it being well known to all which have read the stories of that age and time , that being trained up under the wing of his mother , who was inclinable enough to the christian faith , he had not onely somewhat in him of a christian , but a smack also of the jew . and therefore if he more frequented the capitol and other temples on the seventh day , or saturday , then on any other , it is not to be attributed to any authority which the lord primates tradition might have gained upon him , but unto education or imitation , no great matter which . for that many of the gentiles , who lived within the verge of the roman empire , had taken up divers of the customes and ceremonies of the iewes , who lived scattered and disperst amongst them ; is affirmed positively by iosephus . a quin etiam populi jam olim ( saith he ) multam nostram pietatem aemulantur ; nèque civitas graecorum ulla usquam aut barbarorum , nec ulla gens , ad quam septimanae , in qua vacamus , consuetud● minimè pervenerit , &c. that is to say , that the gentiles long since shewed themselves inclinable to the religion of the jews , and that there was no city of the greeks , or barbarous people , or any nation whatsoever , in which their custome in observing the seventh day for a day of rest , as also of their games and fasts was not taken up . in which respect philo hath told us more then once , that the sabbath was become a general festival , which in his treatise de dec alogo may be easily found . and it was very agreeable to the ancient custom of the romans that it should be so , who used when they had conquered any country , not onely to carry away their gods , and set them up amongst their own , but to take from them some part of their religion , thinking thereby to enlarge the bounds of their empire , and bring all the nations of the world under their command . sic eorum potestas & authoritas totius orbis ambitus occupavit : sic imperium suum ultra solis vias & ipsius oceani limites propagavit : sic dum vniversarum gentium sacra suscipiunt , etiam regnare meruerunt , as cecilius pleads the cause for them in minutius foelix . sect . iv. the historian charged by name , for saying that the ancient gentiles knew not the distinction of weeks , and sent to be taught his lesson better of dector ryvet and salmasius . his arguments to prove the point laid down at large , and not refelled by the lord primate . the lord primates opinion to the contrary not proved by any ancient author , either greek or latine . the practice of the sclavonians related by helmoldus ( an obscure writer , and a postnatus too ) doth not prove the point . nothing affirmed by theophilus antiochenus , or johannes philoponus , to prove that the distinction of weeks was anciently known amongst the gentiles . the historians application justified . we are now come at last to the first of those charges , in which the author of the history is concerned by name , touching the division of time into weeks , whether observed or not observed by the ancient gentiles ; in which the lord primate thus declares : the gentiles ( saith he ) both civil and barbarous , both ancient and of later dayes , as it were by an universal kind of tradition , retain the distinction of the seven dayes of the week , which if dr. heylyn had read so well proved as it is by rivetus and salmasius , he would not have made such a conclusion as he doth : that because the heathen ( of the four great monarchies at least ) had no distinction of weeks , therefore they could observe no sabbath , p. 79. the historian is here sent to school to learn of ryvet and salmasius , that the gentiles both civil and barbarous , both ancient and of later dayes , as it were by an universal kind of tradition , retained the distinction of the seven dayes of the week : of ryvet he must learn for one , because he was of the same opinion with the lord primate in the point of the sabbath ; and of salmasius for the other , because he was of the same judgement with him in the point of episcopacy ▪ but the historian will not learn of any such masters , but onely of the lord primate himselfe . but first it will be necessary to know what the historian saith to the point in hand ; and yet not onely what he saith ( as if he could carry it out on his own authority ) but what he proves by witnesses of unquestioned credit . the passage is not long , and therefore without any abbreviation , i shall here subjoyn it . whereas it is conceived by some , that the gentiles by the light of nature had their weeks , which is supposed to be an argument that they kept the sabbath ; a week being onely of seven dayes , and commonly so called both in greek and latine : we on the other side affirm , that by this very rule , the gentiles , many of them , if not the most , could observe no sabbath ; because they did observe no weeks . for first the chaldees and the persians had no weeks at all : but to the several dayes of each several month appropriated a particular name of some king or other ; as the peruvians do at this present time ; et nomina diebus mensis indunt , ut prisci persae , as scaliger hath noted of them . the grecians also did the like in the times of old : there being an old attick calendar to be seen in scaliger , wherein is no division of the month into weeks at all . as for the romans , they divided their account into eights and eights , as the jewes did by sevens and sevens ; the one reflecting on their nundinae , as the other did upon their sabbath ; ogdoas romanorum in tributione dierum servabatur propter nundinas , ut hebdomas apud judaeos propter sabbatum . for proof of which there are some ancient roman calenders to be seen as yet , one in the aforesaid scaliger , the other in the roman antiquities of john rossinus ; wherein the dayes are noted from a to h. as in our common almanacks from a. to g. the mexicans go a little further , and they have thirteen dayes to the week , as the same scaliger hath observed of them . nay , even the jewes themselves were ignorant of this division of the year into weeks , as tostatus th●nks , till moses learnt it of the lord , in the fall of mannah . nor were the greeks and romans destitute of this account , onely when they were a rude and untrained people , as the peruvians and mexicans at this present time : but when they were in their greatest flourish for arts and empire . dion affirmes for the ancient greeks , that they knew it not ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for ought he could learn : and seneca more punctually , that first they learnt the motions of the planets of eudoxus , who brought that knowledge out of egypt , and consequently could not know the week before . and for the romans , though they were well enough acquainted with the planets in their later times ; yet they divided not their calendars into weeks , as now they do , till near about the time of dionysius exiguus , who lived about the year of christ , 520. nor had they then received it in all probability , had they not long before admitted christianity throughout their empire ; and therewithal the knowledg of the holy scriptures , where the account by weeks was exceeding obvious . such are the arguments , and such the authors , by which the historian proved ( or endevoured to prove ) that the division of the year into weeks was not known anciently amongst the gentiles . and against these the lord primate takes not any exception , but thinks that he hath done his work , if he can find out two or three witnesses to affirm the contrary : it might have been expected that a man so verst and studied in antiquities , would have prest the historian with the weight of such proofs and evidences as had been digged out of the rock , extracted out of the monuments and records of the elder times . but on the contrary , we have not so much as one single testimony produc'd from any latine authors ( historians , orators , poets , or philosophers ) which lived between the first foundation of the roman greatness , and the declining of the same ; nor from the writings of those famous men amongst the grecians , who made their country as renowned for arts and eloquence , as otherwise it had been innobled for arms and victories . for the first author we are sent to ( who though he liv'd far off in respect of place , yet liv'd not very far off in regard of time ) is one helmondus or helmandus , who wrote the history of the sclaves , or sclavonian nations ; nations not known or heard of by that name in europe , till the year 600 , converted to the christian faith by cyril and methodius , between the years 860. & 890. so that if the distinction of weeks did reach etiam ad ipsos usque sauromatas , and was known to the sclavonians themselves , while they continued in their ancient paganism , as the lord primate saies it was , p. 79. i trow , this can be no sufficient argument , that the distinction of weeks was anciently known amongst the gentiles , which was the matter to be proved . the sclavonians having conquered dalmatia , and those other provinces which bordered on macedon and thrace , two hundred years at the least before they received the gospel , might take up the distinction of time into weeks , from the nations whom they had subdued , whilest they were yet in the state of paganism , and no harm done to the historian in the present business : and therefore granting all that hath been said by helmoldus , though a post-natus , living about the year 1180. the historians proposition still holds good and unconfuted ; unless this argument be of force , viz. the sclavonians when they were in the state of paganism , betwixt the year 600. & 860. used to assemble on the second day of the week a to determine controversies , as helmoldus tells us ; therefore the distinction into weeks was anciently known amongst the gentiles in their several countries , above 2000. years before them . but if the same order of the dayes of the week be retained by them , which the ophilus the old bishop of antioch noteth to have been observed by all mankind , all is well enough ; and the sclavonians , though a nation of later standing , may well be made an instance for that observation , which all mankind had generally been accustomed to in all times foregoing . but certainly theophilus antiochenus tells us no such matter . the place here cited , as it stands translated in the bibliotheca patrum , is as followeth ; praeterea , de die septimo qui inter omnes mortales celebris est , b magna apud plerosque ignoratia est : hic enim dies qui ab h●braeis sabbatum vocatur , graecè si quis nomen interpretetur , septimus dicitur : hoc nomine mortales omnes diem istum appellant , & nominis causam nesciunt pl●rique . where clearly theophilus speaks nothing with reference to the gentiles of the elder times , but tells us in the present tense , what estimation there was had of the seventh day , which the jewes called the sabbath , in the present times ; i mean the times in which he lived , which was about the latter end of the second century , anno 174. and therefore if all mankind in his time , by reason of the observation of the seventh day amongst the jewes , retained the same order of the dayes of the week , which the sclavonians after did ; this cannot be conceived a sufficient argument , that the same order was observed by the ancient gentiles , whom that old bishop of antioch had no reference to in this citation : johannes philoponus the grammarian speaks more plainly then theophilus did , but he speaks nothing to the point which we have in hand , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. which balthazar corderius thus translateth , illud certè omnes homines consentiunt , septem soles esse dies , qui in seipsos revoluti totum tempus constituunt . and so it was no question in that authors time , which was about the year 600. and somewhat after the distinction of time into weeks , being then generally received by all civil nations , who either had received the gospel , or had been under the command of the roman empire : that which comes after touching moses ( solus itaque magnus moles septenarii dierum numeri rationem divina insp●ratione hominibus tradidit ) shewes rather the original of the distinction , then the general practice ; it being more then a thousand years from the death of moses , before that distinction of time was received by the g●eeks and r●m●ns and therefore not to be hoped nor look't for in the barbarous nations . and this is that which petavius the jesuite , a right learned man hath thus delivered . anni divisio posterior est in hebdomadas : ea dividendi ratio prorsus à iudaeis o iginem traxit : romani etiam ▪ ac gentiles ante tertulliani aevum adsciv●sse videntur . the last division of the year ( saith he ) is into weeks , derived originally from the hebrewes , and seems to have been taken up by the romans and other gentiles before the time of tertullian , who takes notice of it . by which it seems that this distinction was of no great standing in the roman empire , till first their acquaintance with the jewes , and afterwards their receiving of the christian faith , had brought it into use and esteem amongst them . the proposition of the histo●ian being thus made good , i doubt not but the application wil hold accordingly . for hereupon it is inferred hist . of sab. part. 1. c. 4. n. 11. that the chaldees , persians , greeks , and romans , all the four great monarchies , did observe no sabbaths , because they did observe no weeks . but the poor historian must not pass with this truth neither , which necessarily doth arise upon the proof of the proposition . and therefore he is told , that if he had read how well the contrary is proved by rivetus and salmasius , he would not have made such a conclusion as he doth . that because the heathen ( of the four great monarchies at least ) had no distinction of weeks , therefore they could observe no sabbath . and i concur fully with the lord primate in this particular . the historian was not so irrational , as to infer that the heathen of the four great monarchies could observe no sabbath , because they did observe no weeks ; in case it had been proved to his hand , or that any sufficient argument had been offered to him to demonstrate this , that the very gentiles , both civil and barbarous , both ancient and of later dayes , as it were by an universal kind of tradition , retained the distinction of the seven dayes of the week ; which is the point that rivet and salmasius are affirmed to have proved so well , p. 79. but on the contrary , the historian having proved that there was no such distinction of the seven dayes of the week , retained by the ancient gentiles , either civil or barbarous ; and so well proved it , that the lord primate hath not any thing to except against him : the application will hold good against all opposition , and i shall rest my selfe upon it , that the heathen which observed no weeks , could observe no sabbath . sect . v. the historian taxt for saying that the falling of the first pentecost , after christs ascension , upon the first day of the week , was meerly casual . the lord primates stating the question , and his inference on it . exceptions against the state of the question , as by him laid down , viz. in making the feast of first fruits to be otherwise called the feast of pentecost , or the feast of weeks , &c. and that he did not rightly understand the meaning of the word sabbath , levit. 23. 16. the pentecost affixt by moses to a certain day of the month , as well as the passover , or any other annual feast ; made by the primate to fall alwayes on the first day of the week ; and god brought into act a miracle every year , that it might be so . an answer to the lord primates argument from the practice of the samaritans in their keeping of pentecost . the quartodecimani and the samaritans schismaticks at the least , if not hereticks also . the lord primate puts a wrong sense upon isychius and saint ambrose , to prove that they gave to the lords day the name of sabbath , and his ill luck in it . the inference of the lord primate examined and rejected . the first day of the week not called the lords day immediately after the first pentecost , as is collected from waldensis , nor in a long time after . the lord primates great mistake in tertullians meaning about the pentecost . each of the fifty dayes which made up the pentecost esteemed as holy by the primitive christians , as the lords day was . the mystery of the first fruits not first opened by the lord primate , as is conceived by dr. twisse , who applauds him for it . the second charge which the lord primate layes upon the historian , relates unto the holding of the great feast of pentecost , upon which day the holy ghost came down and sate upon the heads of the apostles , in the shape of cloven fiery tongues ; and added by saint peters preaching no fewer then three thousand soules to the church of christ . it was , saith the historian , a casual thing that pentecost should fall that year upon the sunday . it was a moveable feast , as unto the day , such as did change and shift it selfe , according to the position of the feast of passover : the rule being this ; that that on what day soever the second of the passover did fall , upon that also fell the great feast of pentecost . nam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 semper eadem est feria , quae 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; as scaliger hath rightly noted . so that as often as the passover did fall upon the saturday or sabbath , as this year it did ; then pentecost fell upon the sunday : but when the passover did chance to fall upon the tuesday , the pentecost fell that year upon the wednesday : & sic de caeteris . and if the rule be true , as i think it is , that no sufficient argument can be drawn from a casual fact ; and that the falling of the pentecost that year , upon the first day of the week , be meerly casual ; the coming of the holy ghost upon that day , will be no argument nor authority , to state the first day of the week in the place and honour of the iewish sabbath . but the lord primate will by no means allow of this , and therefore having framed a discourse concerning the feast of pentecost , and the day on which it was to be holden , he lets us see by a marginal note , p. 90. against whom it is that he bends his forces , viz. against dr. heylyn , part 2. c. 1. pag. 14. let us see therefore what he hath to say against dr. heylyn in this particular , and into what inconveniencies he runs himselfe by the contradiction . in order whereunto he must first observe how he states the question , and then consider whether his proofs and arguments will come up to it . the israelites ( saith he ) by the law of moses , were not onely to observe their weekly sabbath every seventh day , but also their feasts of weeks once in the year : which although by the vulgar use of the jewish nation , it may now fall upon any day of the week , yet doe the samaritans , untill this day , constantly observe it on the first day of the week , which is our sunday ; for which they produce the letter of the law , leviticus 23. 15 , 16. where the feast of the first fruits ( otherwise called pentecost , or the feast of weeks ) is prescribed to be kept the morrow after the seventh sabbath : which not they onely , but also amongst our christian interpreters , isychius and rupertus do interpret to be the first day of the week . p. 87 , 88. this ground thus laid , and some proofs offered ( quite beside the point in question ) to shew that the lords day was called by the name of sabbath in some ancient writers , he builds this superstructure on it , and makes this following descant on the former plain song , viz. but touching the old pentecost , it is very considerable , that it is no where in moses affixed unto any one certain day of the month , as all the rest of the feasts are ; which is a very great presumption that it was a moveable feast , and so varied , that it might alwayes fall upon the day immediately following the ordinary sabbath . and if god so order the matter , that in the celebration of the feast of weeks , the seventh day should purposely be passed over , and that solemnity should be kept on the first : what other thing may we imagine could be presignified thereby , but that under the state of the gospel , the solemnity of the weekly service should be celebrated upon that day ? p. 90. such is the state of the question , and such the inference which ariseth from that stating of it ; both which are now to be examined as they lie before us . and first , the feast of first fruits was not otherwise called pentecost , or the feast of weeks , as the lord primate sayes it was . for though two loves in the name of the first fruits of the second , or wheat harvest , were to be offered to the lord on the feast of weeks , which being celebrated on the fiftieth day , from the sixteenth of nisan , had the name of pentecost ; yet was the name of the feast of first fruits appropriated more especially to the second day after the passover , or the sixteenth of nisan , on which the people offered the first fruits of their barley ( which in that country was first ripe ) and from which the computation of the said fifty dayes was to take beginning . and it was thus appropriated for these reasons following . 1. because the sixteenth of nisan was the first day of their harvest , on which the people were to offer the very first fruits of the increase of the earth ( which in that country was their barley ) before which time they were not to eat either bread , or parched corn , or the green ears of it ; this offering to be made in the sheafe or gripe , before the corn was thresht out , v. 10. to the end that all the subsequent harvest , by the offering of these first fruits , might be blest unto them : whereas the offering of the two loves in the name of the first fruits of their wheat , was not until the end of harvest ( above seven weeks after ) when the wheat was hous'd and threshed , and made into bread . and secondly , the name of the feast of first fruits was appropriated to the sixteenth of nisan , because it had no other name by which it might be dignified above the rest of the fifty , and distinguished from them ; whereas the day on which the two loves were to be offered , was eminently known by the name of the feast of weeks , and the feast of pentecost , and sometimes also called the feast of the law , because the law was given that day by the hand of moses . in the next place , the lord primate either did not understand the meaning of the word sabbath , levit. 23. 15 , 16. or if he did , he would not seem to understand it , the better to carry on some design for the sabbatarians : for by the tenour of his discourse , it appeareth most evidently that in both places he understands the word sabbath in no other sense , but as it signifies the weekly sabbath of the fourth commandment , and thereupon concludes , that the computation of the fifty dayes beginning on the morrow after the sabbath , and continuing till seven sabbaths should be complete even unto the morrow after the seventh sabbath the feast of pentecost must of necessity fall upon the first day of the week which is now our sunday . if so , the sabbatarian brethren are in the right , in making the falling of the first christian pentecost , on which the holy ghost came down , and sat on the heads of the apostles ( three thousand souls being that day added to the church of christ ) to be an argument of some weight for their lords-day sabbath ; and dr. heylyn is in the wrong , for making the falling of that pentecost upon the first day of the week , to be a matter of casualty , the feast of pentecost not being tyed to a certain day , but falling on any day of the week , as the year did vary . but by his leave , by sabbath in verse 15. ( and you shall count unto you from the morrow after the sabbath ) we are to understand the feast of unleavened bread , which with all other of the annual feasts had the name of sabbath , as appears plainly by many several passages in this very chapter . and this is that which is observed by some of the fathers , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , saith saint chrysostom , hom. in matth. 39. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , saith isidore , epist . 110. l. 3. and secondly , by sabbath in the rest of those two verses , viz. seven sabbaths shall be complete ; even unto the morrow after the seventh sabbath , &c. we are not to understand the weekly sabbath , but the week it selfe , the whole seven dayes , which from the last in order , but the first in dignity , took the name of sabbath . for so we read it in chap. 18. of saint luke , where the pharisee boasted of himself , that he fasted twice a week , verse 12. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , saith the greek original , jejuno bis in sabbato , saith the vulgar latine . thus also in matth. 28. & luke 24. we find 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , prima & una sabbati , as the vulgar hath it , to denote the first day of the week , as our english reads it . and then the meaning of the text will be briefly this , that the feast of pentecost ( reckoning the computation from the morrow after the sabbath , that is to say , the feast of unleavened bread ) was to be kept precisely on the morrow after the end of the seventh week , from the sixteenth of nisan , on what day soever it should happen , and not on the morrow after the seventh weekly sabbath , as the lord primate would fain have it . and therefore thirdly , if the samaritans observing it until this day upon the first day of the week , which is our sunday , produce the letter of the law , levit. 23. 15 , 16. by keeping it upon that day , they transgress the law , because they take not along with them the true meaning of it , and the intent of him that gave it for a law to the house of israel . and this is just the case of origen in the primitive times , who by following the letter of the gospel , made himself an eunuch , contrary to the mind and meaning of christ our saviour , and therefore sinned against god and his own body . fourthly , and finally , if ruportus speak no otherwise then isychius doth , he must be reprehended by the lord primate , as isychius is for straining the signification of altera dies sabbati , to express thereby the lords day ; though both produced in this place to no other purpose , then to prove that the morrow after the seventh sabbath was the first day of the week , which is now our sunday . let us next see what superstructures have been made by the lord primate on the former grounds , what descant he hath made on the plain-song , which before we toucht at . and first he telleth us how considerable it is , th●t the old pentecost is no where in moses affixed unto any one certain day of the month , as all the rest of the feasts are , p. 90. but this is gratis dictum also the feast of pentecost being as precisely tied to a certain day , as either the passover , the feast of expiation , or the feast of tabernacles ; for being the passover is sixt on the fourteenth of nisan , the feast of unleavened bread on the fifteenth , the offering of the first fruits on the sixteenth ; and that the feast of pentecost was to be kept on the fiftieth day after that : it must-needs fall expresly and of course ( allowing thirty dayes to the month , as the jewes computed it ) on the fifth of sivan ; which makes it evident , that the old pentecost was affixt by moses to one certain day of the month , as well as any of the rest . he telleth us next , that the old pentecost may be presumed to have been a moveable feast , but varied so , that it might alwayes fall upon the day immediately following the ordinary sabbath . which were it so , it must needs be a movable immovable feast ▪ though being constantly reckoned from the sixteenth of nisan , and kept as constantly on the morrow after the end of the seven weeks from thence computed ; seems to have nothing moveable in it , but all fixt and firm . thirdly , whereas it is took for granted , and affirmed expresly , that the pentecost did alwayes fall upon the day immediately following the ordinary sabb●th ; there is not any thing more different from the truth it self , nor less agreeable to right reason . the passov●r , though it was fixt on the fourteenth of nisan , as to the day of the month , did ●all in course ( as the f●ast of christmas , the epiphany , the annuntiation , and all the rest of the festivals which depend not on the keeping of easter do with us in england ) on every day of the week successively in their turns and courses . so that if the fourteenth of nisan full upon the second day of the week , the feast of pentecost must fall that year upon the wednesday ; and if the fourteenth of nisan fell upon the tuesday , then the pentecost must fall that year upon the thursday , & sic de caeteris . besides , the year was so unequal amongst the jewes , that it was impossible the feast of pentecost should be kept always on the first day of the week , or the morrow after the ordinary sabbath , as the lord primate would fain have it . for the jewes measuring their months by the course of the moon , they made their year fall shorter by eleven dayes , than those who measured their year by the course of the sun ; and therefore were necessitated at the end of every 2d ▪ or 3d. year , to insert a month , which they commonly called veadar , or the second adar , because it followed after the 12th . month , which they called adar . by reason whereof , it was altogether impossible in the course of nature , or in the ordinary revolution of times and seasons , that the pentecost should always fall on the first day of the week ; and therfore god himself is brought upon the stage , and must work a miracle every year to make up the matter ; for so it followeth , viz god ( saith he ) so ordered the matter , that in the celebration of the feast of weeks , the seventh day should purposely be passed over , and that solemnity should be kept upon the first . p. 90 and this i needs must look on as an high presumption in another man ( absit reverentia vero , in the poets language ) that god should be entitled to the maintenance of our private fancies , and brought to act his part ( without any necessity ) in the abetting of mens quarrels . the heathen poet was a better divine then so , who would not have god made an actor in the common enter●udes ( nec deus intersit nisi dignus vindice nodus inciderit , as his own words are ) unless some great and weighty difficulty , not otherwise to be resolved , did require the same . but i am sure there is no such difficulty in the case which we have before us , as to make god a party in it , to bring him down once in every year to act a miracle , in ordering the matter so , that howsoever the course of the year did change and vary , the pentecost or feast of weeks should alwayes fall upon the first day of the week , which is now our sunday . now though i should proceed to the examination of the inference which ariseth from the former premises , yet i shall first consider of the proofs and testimonies which the lord primate hath produced in this particular . and the first argument which he brings , is from the practice of the samaritans , of whom he tells us that the samaritans do constantly observe the pentecost on the first day of the week , which is now our sunday , p. 87. their practise in it being preferred before the vulgar use of the jewish nation , by whose account it may now fall on any day of the week , as is there affirmed . assuredly the jews who so tenaciously adhere to their circumcision and their sabbaths , and so religiously observe the feast of unleavened bread , and the feast of purim according to the times appointed in the holy scripture , cannot be thought to violate the law of moses in keeping the feast of pentecost on any day of the week whatsoever , as it chanced to fall . and on the other side , the samaritans being lookt upon by the jewes as schismaticks , as hereticks also by epiphanius , and divers other christian authors , can make no president in this case , nor ought to have their practice used for an argument to consute the practise of the jewes , the more regular people , and more observ●●● of the law , and the punctualities or nicities of it , then the others were . much like to this was the point in difference , between the old hereticks , called quartodecimani ▪ and the orthodox christians , about the time of keeping easter , which the quartodecimani kept alwayes on the fourteenth day of the month , on what day soever it should happen , on which day the jewes also kept their passeover , the orthodox christians keeping it on the sunday after , in memory of the resurrection of our lord and saviour , for which the feast of easter was first ordained . he that shall justifie the samaritans against the jewes in the case of pentecost , may as well justifie the quartodecimani against the orthodox christians in the case of easter . and yet to justifie the samaritans , it is after added , that they produce the letter of the law , levit. 23. 15 , 16. where the feast of the first fruits ( otherwise called pentecost , or the feast of weeks ) is prescribed to be kept the morrow after the seventh sabbath , which they interpret to be the first day of the week , p. 87 , 88. as if the jewes did not , or could not keep themselves to the letter of the law , in keeping pentecost at the end of fifty dayes , on what day soever it might fall , because the samaritans pretend to have the law on their side in that particular . assuredly the lord primate did not consider of the absurdities he hath fallen into by thus advocating for the samaritans , and fixing the feast of pentecost on the morrow after the seventh weekly sabbath ; for by this means in stead of a feast of pentecost to be observed on the fiftieth day from the first account , we shall have a feast ( by what name soever we shall call it ) to be observed on the forty ninth , forty eighth , and forty seventh ▪ which though they may be called the feasts of weeks , or the feasts of the law , cannot by any means be called the feast of pentecost . for if the sixteenth of nisan , or the feast of first fruits fall upon the monday , the feast of pentecost ( improperly so called ) must be kept upon the forty ninth ; if on tuesday , on the forty eighth day after ; and so abating of the number till we come to saturday ; on which day , if the sixteenth of nisan should chance to fall ( as sometimes it must , ) the next day after the seventh sabbath would be but the forty fourth day ; and so by the lord primates rule , we shall have a feast of pentecost but once in seven years , that is to say , when the sixteenth of nisan did fall upon the first day of the week , which is now our sunday ; a feast of weeks , or of giving of the law on the other six . adeo argumenta ex absurdo petita ineptos habent exitus , said lactantius truely . the second proof is borrowed from the testimony of isychius , an old christian writer ( who lived about the year 600. ) interpreting the morrow after the seventh sabbath , as the samaritans also do , to be the first day of the week . and true it is , that isychius doth so expound it ; and more then so , makes it to be the first intention of the law-giver ▪ that the day from which the fifty dayes were to be reckoned , should be the first day of the week , which is now our sunday . planiùs , laith he , legislator intentionem suam demonstrare volens , ab altero die sabbati memorari praecepit quinquaginta dies ; dominicum diem proculdubio volens intelligi . in which as the lord primate dares not justifie his author for straining the signification of altera dies sabbati , to signifie the lords day , beyond that true meaning of the word , which in moses denoteth no more then the morrow after the sabbath ( though produced by him to no other purpose then to prove that point ; ) so dare not i justifie the lord primate in straining the words of his author beyond their meaning , and telling us that he made no scruple to call the day of christs resurrection another sabbath day . for if we look upon it well , we shall not find that isychius calls the day of the resurrection by the name of another sabbath day , but onely telleth us that the lords day , the day on which our saviour rose , was altera dies sabbati , that is to say , the first day of the week , or the morrow after the sabbath ( understand by sabbath in this place , the feast of unleavened bread ) from whence the fifty dayes , which ended in the feast of pentecost , were to take beginning , as will appear by comparing these words with those before , viz. ab altero die sabbati memorari praecepit quinquaginta dies . if the lord primate can find no better comfort from the council of friuli , cap. 13. for calling the day of christs resurrection by the name of another sabbath day ; he will finde but little , if not less , from those words of saint ambrose , to which the said council of friuli is supposed to allude . the fathers words on which the lord primate doth rely , to prove that the lords day was then called a sabbath , as both isychius and the said council of friuli are presumed to do , are these that follow , viz. vbi dominica dies coepit praecellere , quâ dominus resurrexit , sabbatum quod primum erat secundum haberi coepit à primo . in which passage he would have us think that the lords day is called primum sabbatum , or the first sabbath ; and the saturday sabbatum secundum , or the second sabbath . whereas indeed the meaning of the father is no more then this , that after the lords day had grown into estimation , and got the better , as it were , of the jewish sabbath ( ubi dominica dies coepit praecellere , &c. ) the sabbath of the jewes , which was before the first in honour and account , began to be lookt upon in the second place , the first being given unto the day of the resurrection . and as for the council of friuli , the lord primate doth not say for certain , that the lords day is there called sabbatum primum , and the jewish sabbath , sabbatum ultimum ; but that they are so called , if he be not mistaken : but if he be mistaken in it ( why not as well in this as in all the rest ? ) the council of friuli will conclude no more then saint ambrose did , to whom it is said to have alluded . and on the contrary , if the testimonies here alledged from isychius , the council , and saint ambrose may be properly used to prove , that the lords day was then called by the name of the sabbath , the lord primate must have very ill luck in finding no other testimony , but that of luxus sabbatarius in apollinaris , p. 75. to evidence that the latine word sabbatum , used to denote our christian festivities , of which in our first section we have spoken suffi●iently . nor is the lord primate less zealous to entitle the lords day to some divinity , then to gratifie the sabbatarian brethren , by giving it the name of the sabbath day . for this is that which is chiefly aimed at in the inference , wherein i would very cheerfully concur in opinion with him , but that i am unsatisfied in the grounds of it . for if i were satisfied in this , that god so ordered the matter , that in the celebration of the feast of weeks , the seventh day should purposely be passed over , and that solemnity should be kept upon the first ; i should as easily grant as he , that nothing was more likely to be presignified thereby , then that under the state of the gospel the solemnity of the weekly service should be celebrated upon that day , p. 90. but being i cannot grant the first for the reasons formerly delivered , i cannot on the like , or for better reasons , admit the second . i grant that under the state of the gospel , the solemnities of the weekly service were celebrated on that day ; and yet i can neither agree with him , nor with thomas waldensis , whom he cites to that purpose , that the lords day did presently succeed . ( tunc intrasse dominicam loco ejus ) in the place thereof , as baptism presently ( as he saith ) succeeded in the place of circumcision . for though saint john ▪ apocal. 1. call the first day of the week by the name of the lords day , as most christian writers think he did , yet doth it not follow thereupon that it was so called , statim post missionem spiritus sancti ( as waldensis would have it ) immediately on the comming down of the holy ghost . for not onely in the eighteenth of the acts , which was some yeares after the first christian pentecost , but in saint pauls epistle to the corinthians , it is given us by no other name , then that of the first day of the week ; nor did saint john write the revelation , in which the name of the lords day is first given unto it , till the ninty fourth or ninty fifth year from our saviours birth , which was sixty years , or thereabouts , from the coming down of the holy ghost , the first christian pentecost . and though i am not willing to derogate from the honour of so great a day , yet i cannot agree with the lord primate , that it is in a manner generally acknowledged by all , that on that day ( viz. the first day of the week ) the famous pentecost in the second of the acts was observed . for lorinus in his commentary on the second of the acts , tells us of some who hold , that at the time of our saviours suffering , the passover fell upon the thursday , and then the pentecost must of necessity fall upon the saturday , or jewish sabbath . but seeing it is said to be agreed on generally in a manner onely , let it pass for once . all which considered , i shall and will adhere to my former vote , viz. that if the rule be true , as i think it is , that no sufficient argument can be drawn from a casual fact , and that the falling of the pentecost that year , upon the first day of the week , be meerly casual ; the comming of the holy ghost upon that day will be no argument nor authority to state the first day of the week in the place and honour of the jewish sabbath . and now before i shut up this dispute about the pentecost , i shall crave leave to put the lord primate in mind of a great mistake which he hath fallen into , by putting another sense on tertullians words , about the first pentecost , as observed by the christians , than was intended by that author . for telling us , p. 85. that the gentiles did not celebrate their saturdays with that solemnity , wherewith themselves did their annual festivities , or the jews their weekly sabbaths ; he bringeth for a proof thereof a passage cited out of the fourteenth chapter of tertullian , de idololatria ; by which it may appear , saith be , that tertullian thus speaks unto the christians , who observed 52. lords days every year , whereas all the annual festivals of the pagans put together did come short of fifty ; ethnicis semel annuus dies quisque festus est , tibi octavo quoque die . excerpe singulas solemnitates nationum , & in ordinem t●xe , pentecosten implere non poterunt . but clearly tertullian in th●t place neither relates to the 52 lords dayes , nor the number of 50. but onely to the christian pentecost , which in his time was solemnized 50. dayes together , and took up the whole space of time betwixt easter and whitsuntide . and this appears plainly by the drift of the author in that place , in which he first taxeth the christians with keeping many of the feasts of the gentiles , whereas the gentiles kept not any of the feasts of the christians , non dominicam , non pentecosten , no not so much as the lords day , or the feast of pentecost . and then he addes , that if they did it on●●y to refresh their spirits , or indulge something to the flesh , they had more festivals of their own then the gentiles had . the number of the feasts observed by the gentiles , being so short of those which were kept by the christians of his time , ut pentecosten non potuerint , they could not equal the festival of the pentecost onely , much less the pentecost and the lords day together . and so it is observed by pamelius in his notes upon that place ; where first he telleth us , that the author in that place understands not onely the feast of pentecost it selfe , or the last day of fifty , sed etiam tempus illud integrum à die paschae in pentecosten , but the whole space of time betwixt it and the passeover ( taking the word passover in the largest sense , as it comprehends also the feast of unleavened bread . ) but what need pamelius come in place , when it is commonly avowed by the ancient writers , that all the fifty dayes which made up the pentecost , were generally esteemed as holy , and kept with as great reverence and solemnity as the lords day was ? no fasting upon the one nor upon the other ; die dominico jejunium nefas ducimus , vel de geniculis adorare ; eadem immunitate à die paschae in pentecosten gaudemus , as tertullian hath it . saint ambrose more expresly tells us , sermon 61. that every one of those fifty dayes was instar dominicae , and qualis est dominica , in all respects nothing inferiour to the lords day ; and in his comment on saint luke c. 17. l. 8. that omnes dies ( that is to say , all those fifty dayes ) sunt tanquam dominica . adde hereunto saint jeroms testimony , ad lucinum , and then i hope tertullians words in his book de idololatria , c. 14. will find another sense and meaning then that which the lord primate hath ascribed unto it . to shut up this dispute , in which we have encountred so many errors , the lord primate tells us very rightly , that on the day of the passeover , christ our passeover was slain for us , that he rested in the grave the whole sabbath following ( commonly called the feast of unleavened bread ) the next day after that , the first fruits of the first ( or barley ) harvest was offered unto god , and that from thence the count was taken of the seven sabbaths , and that upon the morrow after the seventh sabbath ( which was our lords day ) was celebrated the feast of weeks , &c. upon which offering of the sheaf of the first fruits of the first , or ( barley ) harvest ( which hapned at the time of our saviours suffering on the first day of the week ) he gives this note , that christ rose from the dead upon that day , and became the first fruits of them that slept ; many bodies of the saints that slept arising likewise after him , p 91. and for this note , he receives great thanks from dr. twisse , signifying in a letter to him the great satisfaction which he received from him , in opening the mystery of the feasts of first fruits , to the singular advantage of the lords day , in the time of the gospel , p. 103. but herein dr. twisse may be said to be like those men of whom tully speaks , qui non tantùm ornarent aliquem suis laudibus , sed honorarent alienis . for without derogating in the least from the honour due to the lord primate , i cannot say that the honour of the first opening of this mystery doth belong to him ; it being an observation which i had both read in books , and heard in sermons many years before 1640. in which ( or but the year before ) the lord primate wrote this present letter to doctor twisse . but because i have but few books by me , and cannot readily call to mind in what books i read it , i shall content my selfe at this present with the gloss of deodati on the twentieth verse of the fifteenth chapter of the first epistle to those of corinth , where it is said , that christ was risen again , and was become the first fruits of them that slept , premising onely by the way , that diodati began those annotations in the italian tongue , about the year 1606. to give his country-men an insight of the darkness wherin they lived , which afterwards he polished and perfected in such manner , as they are now come into our hands . now diodati his note is this , viz. that christ is called the first fruits of them that slept , not onely because he was the first in the order of the resurrection , which is in believers , as it were , a wakening from sleep ; but also in the quality of a chief , the cause and pledge of it in all his members inseparably united to him by communion of spirit , rom. 8. 11. even as under the law in the first fruits offered to god , the people had an assurance of gods blessing upon all their harvest . in a word , as some things are defined , or ( to speak more properly ) described amongst philosophers rather by what they are not , then by what they are ; so it is easier to declare to whom the first opening of this mystery of the first fruits ( if there be any mystery in it ) doth not of right belong , then to whom it doth . sect . vi. the historian charged for following the greek editions of ignatius , in his epistle to the magnesians . an old latine translation of ignatius preferred by the lord primate before any of the greek editions , and the reason why . proofs from the best of the greek fathers , that the sabbath was kept as an holy day by the primitive christians ; the contrary not proved by these two testimonies which are alledged from the council of laodicea , and the words of gregory the great . the council of laodicea prohibits not the keeping of the sabbath day , but the keeping of it after the manner of the jews , by abstaining from all kind of work . the sabbatarians by imposing a restraint from all manner of work on the lords day , are by pope gregory the great made the preachers of antichrist . the lord primate picks a needless quarrel with the bishop of ely. the third charge laid by name on the historian , relates unto a passage cited out of the epistle of ignatius ad magnesianos ; in which he doth not stand accused either for falsifying the words of his author , or putting a wrong sense upon them ; but onely for not consulting with an old latine copy of ignatius which he never heard of . the historian had then by him no fewer then four editions of that father , one published by mastreus the jesuite , both in greek and latine ; another in both languages , published by vedelius a genevian , with his notes upon it ; a third more ancient then either of them , printed at paris , in both languages also , but the year i remember not ; and a fourth in latine onely , but of a very old print , subjoyned unto the works of dionysius the areopagite . out of all which compared together , he cited that passage out of the epistle to the magnesians , against which the lord primate hath excepted , and is this that followeth ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. let us not keep the sabbath in a jewish manner , in sloth and idleness ; for it is written , that he that will not labour shall not eat , and in the sweat of thy brows shalt thou eat thy bread . but let us keep it after a spiritual fashion , not in bodily ease , but in the study of the law ; not eating meat dressed yesterday , or drinking luke-warm drinks , or walking out a limited space , or setling our delights , as they did , on dancing ; but in the contemplation of the works of god , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. and after we have so kept the sabbath , let every one that loveth christ , keep the lords day festival , the resurrection day , the queen and empress of all dayes ; in which our life was raised again , and death was overcome by our lord and saviour . so that we see he would have both dayes observed ; the sabbath first , though not as would the ebionites , in a jewish sort : and after that the lords day , which he so much magnifieth , the better to abate that high esteem which some had cast upon the sabbath . against this passage , and the inference which is raised upon it , the lord primate first objecteth , saying , that there is no such thing to be found in an old latine copy of the works of ignatius , which is to be seen in the library of caius colledge in cambridge , which for many respects he doth prefer before any greek edition then extant . and in that old latine copy , saith he , there is nothing to be found in the epistle to the magnesians , touching the sabbath and the lords day , but these words onely , viz. non amplius sabbatizantes , sed secundum dominicam viventes , in qua & vita nostra orta est . and thereupon he doth infer that all those other words alledged by doctor heylyn ( part 2. page 43. ) to prove that ignatius would have both the sabbath and the lords day observed , were afterwards added by some later grecian , who was afraid that the custome of keeping both dayes observed in his time , should appear otherwise to be directly opposite to the sentence of ignatius , p. 95 , 96. this is the easiest charge that may be , and if there were nothing else intended , but to shew that the historian was not the master of so much good fortune , as to have seen the old latine copy in caius library before he undertook that work , we might here end this section without more ado . but the main matter aim'd at in it , is to disprove that which the historian hath delivered , concerning the observing of both dayes , as well the old sabbath , as the new lords day by the primitive christians . that which the lord primate cites out of the third book of eusebius , to shew that the main intention of ignatius was to oppose the ebionites of his own time , is no more then what he might have found in the same part and page of the history of the sabbath , which himselfe hath cited ; and therefore might have here been spared , were it not used by him as an argument to prove that which no body doth deny , viz. that by their imitation of the church herein the antiquity of the observation of the lords day might be further confirmed , p. 96. nor is it to much better purpose that he proves the universality of the observance of the lords day , out of another passage of the same eusebius in his book de laudibus constantini ; in which he doth but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , having no other adversary ( that i know of ) to contend withal . the author of that history had said so much of the antiquity of the lords day , and the universality of the observance of the same , with many other things conducing to the honour of that sacred day ; that he received thanks for it sent to him in the name of divers ministers living in buckinghamshire , and surrey ( though of a different perswasion from him in other points about that day ) whom he never saw . but that the saturday , or old sabbath , was not kept holy at the first by the primitive christians , by those especially who lived in the eastern parts of the roman empire ; neither the antiquity nor the universality of keeping the lords day can evince at all . for on the contrary , that the old sabbath was kept holy by the primitive christians , is proved first by the constitutions of the apostles ascribed to clement ( of good authority in the church , though not made by them ) where it is said , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . by which it evidently appears , that both dayes were ordered to be kept holy , the one in memorial of the creation , the other of the resurrection . which constitutions being not thought to be of weight enough to make good the point ( though of so great antiquity and estimation , as to be mentioned and made use of by epiphanius , a right learned man ) are somewhat backt by the authority of theophilus antiochenus an old eastern bishop , who lived not long time after ignatius , anno 174. by whom we are told of that great honour which the seventh day or jewish sabbath had attained unto ( qui apud omnes mortales celebris est , as before we had it in our fourth section on another occasion ) with all sorts of people . but if this be not plain enough , as i think it is , they are secondly most strongly countenanced by the authority of the synod held in laodicea ( a town of phrygia ) anno 314. where there passed a canon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , touching the reading of the gospels with the other scriptures upon the saturday or sabbath ; that in the time of lent there should be no oblation made 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , but on the saturday , and the lords day onely ; neither that any festival should then be observed in memory of any martyrs , but that their names onely should be commemorated , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , upon the lords day and the sabbaths . which canons were not made ( as may appear plainly by the histories of these elder times ) for the introduction of any new observance never used before , but for the declaration and confirmation of the ancient usage . thirdly , we find in gregory nyssen , that some of the people who had neglected to observe the saturday , were reproved by him on the sunday , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; &c. with what face , saith the father , wilt thou look upon the lords day , which hast dishonoured the sabbath ? knowest thou not that these dayes are sisters , and that whosoever doth despise the one , doth affront the other ? fourthly , by saint basil the saturday or sabbath is reckoned for one of those four dayes , on which the christians of his time used weekly to participate of the blessed eucharist ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) the lords day , wednesday and friday being the other three . and though it cannot be denied , but that the observation of the saturday began to lessen and decay in divers places towards the latter end of the fourth century , and in some other places , as namely the isle of cyprus , and the great city of alexandria ( following therein the custom of the church of rome ) had never been observed at all ; yet , fifthly , epiphanius bishop of salamis in the isle of cyprus , could not but acknowledge , that in other places 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , they used to celebrate the holy sacrament , and hold their publick meetings on the sabbath day . and sixthly , the homily de semonte ascribed to athanasius , doth affirm as much , as to the publick assemblies of the christians on the sabbath day ; and so doth socrates the historian , who accounts both dayes for weekly festivals , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and addes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that on them both the congregation used to be assembled , and the whole liturgy performed . by which account , besides socrates , and the author of the constitutions , against whom some objections have been pretended , we have the testimonies of theophilus antiochenus , gregory nyssen , basil , epiphanius , and the author of the homily de semente ascribed to athanasius , most plain and positive in this point , that both the sabbath and the lords day were observed for days of publick meeting by the eastern christians , as was affirmed before out of the epistle of ignatius ad magnes . and i conceive that the lord primate did not , or could not think ( or if he did , cannot be justified for so thinking ) that men of such an eminent sanctity as those fathers were , would falsifie that epistle of ignatius to serve their turns , or adde any thing to that epistle which they found not in it , out of a fear that the custome of keeping both dayes observed in their times , should appear otherwise to be directly opposite to the sentence of ignatius , p. 96. and therefore doctor heylyn taking the words of ignatius , as he found them in the several greek editions above mentioned , and finding them so well backt and countenanced by those holy fathers which succeeded in their several times , need not be troubled at the starting out of an old latine manuscript , so different from the greek editions , as it seems to be ; nor to recede from any thing which he hath cited out of those editions , because the lord primate findes it not in his latine manuscript . the passage of ignatius ad magnesianos , cited by the historian , being justified by so many good authors , all living and writing ( except socrates onely ) in the four first centuries ; we must next see what the lord primate hath to object against it , or any thing therein delivered , or rather to confirm his correction of it out of the old latine copy in the library of caius colledge . the old latine copy hath it thus , non amplius sabbatizantes , sed secundum dominicam viventes , in qua & vita nostra orta est . and this he thinks to be a sufficient argument to prove , that the lords day was observed as a weekly holy day by the christians in the room of the abrogated sabbath of the jewes , p. 93. though no such thing can be collected , either as to the weekly celebrating of the lords day , or the abrogating of the jewish sabbath from his authors words . but then as well to justifie the reading of this old latine copy , as to refel that which the historian had observed from the greek editions , he gives us two authorities , and no more but two : the first is the authority of the fathers in the council of laodicea , touching the time whereof ( whether he or the lord bishop of ely be in the right ) we dispute not now ; by whom it was declared , quod non oportet christianos judaizare , & in sabbat o otiari , sed ipsos eo die operari ; diem autem dominicam praeferentes , otiari ( si modo possint ) ut christianos , p. 98. but unto this it may be answered , that this canon ( it is the 29 in number ) relates not to the meetings of the christians on the sabbath or saturday for gods publick service ; but to the usage of some men , who did seem to judaize upon it , by giving themselves to ease and idleness , and to rest from labour when the service of the day was ended . and that the canon meant no more then to reprove such men as observed the saturday or sabbath after the manner of the jewes , and to take order for the conttary in the time to come , appears most evidently by the great care they took touching the solemnizing of that day , and the divine offices to be done upon it , declared in three several canons , the summe whereof we have seen already in this section . so that this first part of that canon aimed at no other end , but by ordaining that the people should work on the sabbath or saturday ( suppose it still after the publick service of the day was ended ) thereby to distinguish them from the jewes , who would not work at all upon it . and then that this distinction between them and the jewes might appear more evidently , it was ordered in the later part of that canon , that preferring the lords day before it , they should as christians rest from labour on that day , if their occasions would permit them : for if we mark it as we should , we shall not find that the fathers absolutely prescribed any such cessation from all , or any work ( for which purpose it is chiefly cited ) but onely with a si modo possint , if neither masters , parents , or other superiors should command them otherwise , or that the conveniency of their own affairs , or the doing of good offices to their neighbour , did not occasion them to dispose of it , or some part thereof on some bodily labour . the canon must be thus expounded , or else it must run cross to those which before were mentioned , which were ridiculous to imagine in so grave a meeting . the next authority is taken from gregory the great , who telleth us that it is the doctrine of the preachers of antichrist , qui veniens diem dominicum & sabbatum ab omni opere faeciet custodiri , who at his coming shall cause both the lords day and the sabbath to be kept or celebrated without doing any manner of work . a passage very strangely cited , and such as i conceive the lord primate will neither stand to , nor be ruled by upon second thoughts . for if it be the doctrine of the preachers of antichrist , that no manner of work is to be done upon the saturday or sabbath , it is the doctrine of the same preachers of antichrist , that no manner of work be done on the lords day neither . and if it be the doctrine of the preachers of antichrist , that no manner of work should be done on the lords day , what will become of all our english sabbatarians , and their abetrers , who impose as many restraints of this kind upon christian people , as ever were imposed on the jewes by the scribes and pharisees ? what will become of those who framed the articles of ireland , or have since subscribed them , or preacht , or writ according to the tenour of them ; in one of which it is decreed , that the first day of the week , which is the lords day , is wholly to be dedicated to the service of god , and that therefore we are bound therein to rest from all common and daily business ? the lord primate did not well consider of these inconveniencies , when he brought in gregory the great to bear witness for him . and in that want of consideration , he falls on doctor francis white , lord bishop of ely , a right learned man , for rendring pope gregories words by a strange kind of mistake in turning this word and the copulative , into or the disjunctive . but possibly this may be a fault of the printers , or a slip of the pen , without any purpose or design of altering the least word , or true intention of that father . and secondly , whether it be rendered by the copulative and , or the disjunctive or , is not much material ; for if it be the doctrine of the preachers of antichrist , to teach men to abstain from all manner of work both on the saturday and the sunday ; it is , no doubt , the doctrine of the same preachers of antichrist , to teach men to abstaine from all manner of work upon the saturday , or the sunday . so that the lord primate might have spared that exception against a man of his own order , and of so great abilities in the schools of learning ; but he held a contrary opinion to the sabbatarians , and therefore was to fare no better then the author of the history had fared before him . and herein the lord primate seems to be of the same mind with the famous orator , who held it very just and equitable , ut qui in eadem causa sint in eadem item essent fortuna . and so much for that . sect . vii . the historian charged for crossing with the doctrine of the church of england , and in what particulars ; mr. ley accused by the lord primate , for being too cold and waterish in the point of the sabbath . that by the declaration of the three estates convened in parliament , 5. & . 6. of edw. 6. the times of publick worship are left to the liberty of the church ; and that by the doctrine of the homilies the keeping of the lords day hath no other ground then the consent of godly christian people in the primitive times . no more of the fourth commandment to be now retained , by the book of homilies , then what belongs to the law of nature . working in harvest , and doing other necessary business , permitted on the lords day , both by that act of parliament , and the queens iniunctions . no restraint made from recreations on the lords day till the first of king james . the sundaies and other festivals made equal in a manner by the publick liturgy , and equal altogether by two acts of parliament . the answer to the lord primates obiection from the book of homilies with reference to the grounds before laid down . the difference between the homilies of england and the articles of ireland in the present case . several strong arguments to prove the homily to mean no otherwise then as laid down in the said answer . doctor bounds sabbath doctrines lookt on as a general grievance , and the care taken to suppress them . we are now come unto the third & most material charge of all the rest , by which the historian stands accused for opposing the doctrine of the church of england in the book of homilies , to which he had formerly subscribed ; and that too in so gross a manner , that all the sophistry he had could neither save him harmless for it , nor defend him in it . this is an heavy charge indeed ; and that it may appear the greater , the lord primate layes it down with all those aggravations which might render the historian the less able either to traverse the indictment , or plead not guilty to the bill . i wonder ( saith he in his letter to an honourable person , pag. 110. ) how doctor heylyn , having himself subscribed to the articles of religion agreed upon in the synod held at london , anno 1562. can oppose the conclusion , which he findeth directly laid down in the homily of the time and place of prayer , viz. god hath given express charge to all men in the fourth commandment , that upon the sabbath day , which is now our sunday , they shall cease from all weekly and week-day labour , to the intent , that like as god himself wrought six dayes , and rested the seventh , and blessed and consecrated it to quietness and rest from labour , even so gods obedient people should use the sunday holily , and rest from their common and dayly business , and also give themselves wholly to the heavenly exercise of gods true religion and service . this is the charge which the historian suffers under , wherewith the lord primate , as it seems , did so please himself , that like a crambe his cocta , it is served in again in his letter unto mr. ley ; but ushered in with greater preparation then before it was . for whereas mr. ley had hammered a discourse about the sabbath , which he communicated to the lord primate , to the end it might be approved by him , the lord primate finds some fault with the modesty of the man , as if he came not home enough in his propositions to the point in hand ; your second proposition ( saith he p. 105. ) is too waterish , viz. that this doctrine rather then the contrary is to be held the doctrine of the church of england ; and may well be gathered out of her publick liturgy , and the first part of the homily concerning the place and time of prayer . whereas you should have said , that this is to be held undoubtedly the doctrine of the church of england . for if there could be any reasonable doubt made of the meaning of the church of england in her liturgy , who should better declare her meaning then her self in her homily ? where she peremptorily declareth her mind ; that in the fourth commandment god hath given express charge to all men , &c. as before we had it . assuredly a man that reads these passages cannot chuse but think that the lord primate was a very zealous champion for the doctrine of the church of england ; but upon better consideration we shall find it otherwise , & that he only advocateth for the sabbatarians , not onely contrary to the doctrine of the church of england , but the practise also : which that we may the better see , i shall lay down plainly , and without any sophistry at all , upon what grounds the lords day stood in the church of england at the time of the making of this homily , both absolutely in it self , and relatively in respect of the other holy dayes . and first we are to understand , that by the joint declaration of the lords spiritual & temporal , and the commons assembled in parliament in the 5. & 6. years of king edw. 6. the lords day stands on no other ground then the authority of the church , not as enjoyned by christ , or ordained by any of his apostles . for in that parliament , to the honour of almighty god it was thus declared , viz. forasmuch as men be not at all times so mindful to laud and praise god , so ready to resort to hear gods holy word , and to come to the holy communion , &c. as their bounden duty doth require ; therefore to call men to remembrance of their duty , and to help their infirmities , it hath been wholsomly provided , that there should be some certain times and dayes appointed wherein christians should cease from all kind of labour , and apply themselves onely and wholly unto the aforesaid holy works , properly pertaining to true religion , &c. which works , as they may well be called gods service , so the times especially appointed for the same , are called holy dayes : not for the matter or the nature either of the time or day , &c. for so all dayes and times are of like holiness , but for the nature and condition of such holy works , &c. whereunto such dayes and times are sanctified and hallowed , that is to say , separated from all profane uses , and dedicated not unto any saint or creature , but onely unto god and his service . dayes●rescribed ●rescribed in holy scripture ; but the appointment both of the time , and also of the number of dayes , is left by the authority of gods word unto the liberty of christs church , to be determined and assigned orderly in every country by the discretion of the rulers and ministers thereof , as they shall judge most expedient to the setting forth of gods glory , and edification of their people . which statute being repealed in the reign of queen mary , was revived again in the first year of queen elizabeth ; and did not stand in force at the time of the making of this homily , which the lord primate so much builds on , but at such time also as he wrote his letter to mr. ley , and to that honourable person whosoever he was . but since he hath appeal'd to the book of homilies , to the book of homilies let him go , where he shall find as little comfort as he found in the statute . for in the homily touching the time and place of prayer , out of which the lord primate hath selected this particular passage , it is thus doctrinally resolved , viz. as concerning the time , in which god hath appointed his people to assemble together solemnly , it doth appear by the fourth commandment , &c. and albeit this commandment of god doth not bind christian people so streightly to observe and keep the utter ceremonies of the sabbath day , as it did the jewes , as touching the forbearing of work and labour in the time of great necessity , and as touching the precise keeping of the seventh day , after the manner of the jews ; ( for we keep now the first day which is our sunday , and make that our sabbath , that is , our day of rest , in honour of our saviour christ , who as upon that day rose from death , conquering the same most triumphantly : ) yet notwithstanding whatsoever is found in the commandment , appertaining to the law of nature , as a thing most godly ; most iust and needful for the setting forth of gods glory , ought to be retained and kept of all good christian people . so that it being thus resolved , that there is no more of the fourth commandment to be retained by good christian people , then what is found appertaining to the law of nature ; & that the law of nature doth not tie us to one day in 7. or more to one day of the 7. then to any other : let us next see by what authority the day was changed , & how it came to be translated from the 7th to the first . concerning which it follows thus in the said homily , viz. this example and commandment of god , the godly christian people began to follow , immediately after the ascension of our lord christ , and began to chuse them a standing day of the week to come together in ; ( the very same with that before declared in the act of parliament ) yet not the seventh day , which the jewes kept , but the lords day , the day of the lords resurrection , the day after the seventh day , which is the first day of the week , &c. sit hence which time gods people hath always , in all ages , without any gainsaying , used to come together on the sunday to celebrate and honour gods blessed name , and carefully to keep that day in holy rest and quietness , both man and woman , child , servant , and stranger . so far the homily ; and by the homily it appears plainly that the keeping of the lords day is not grounded on any commandment of christ , nor any precept of the apostles , but that it was chosen as a standing day of the week to come together in , by the godly christian people , immediately after christs ascension , and hath so continued ever since . so then , the keeping of the lords day being built on no other grounds ( as is declared both in the homily and the act of parliament ) then the authority of the church , the consent of godly christian people ; it must needs follow thereupon , that it is to be kept with no greater strictness ( with reference either unto worldly business , or honest recreations ) then what is required of the people by the law of the land , the canons of the church , or by the edicts and proclamations of the king , or other supreme governour under whom we live . and if we please to look into the act of parliament before remembred , we shall find it thus in reference unto worldly business , viz. it shall be lawful to every huusbandman , labourer , fisherman , and to all and every other person or persons , of what estate , degree , or condition he or they be , upon the holy dayes aforesaid ( of which the lords day is there reckoned for one ) in harvest , or at any other times in the year , when necessity shall so require , to labour , ride , fish , or work any kind of work at their free will and pleasure : any thing in this act to the contrary notwithstanding . the like we also find , as to worldly business , in the queens iniunctions published in the first year of her reign ; in which the sunday is not onely counted with the other holy dayes , but labour labour at some times permitted , and which is more , enjoyned upon it : for in those injunctions it is ordered with a non obstante , that all parsons , vicars , and curates shall teach and declare unto their parishoners , that they may with a safe and quiet conscience , after common-prayer , in the time of harvest , labour upon the holy and festival dayes , and save that thing which god hath sent ; and if for any scrupulosity or grudge of conscience , men should superstitiously abstain from working on these dayes , that then they should grievously offend and displease god. and though it may be said , that the queens injunction , and every thing therein contained , was buried in the same grave with her ; yet cannot this be said of the act of parliament , which is still in force , and gives as much permission unto worldly businesse , as the said injunction . and as for recreations , there was not onely permission of such civil pastimes , and man-like exercises , by which the spirits of men might be refresht , and their bodies strengthned ; but even of common enterludes , bear-baitings , bull-baitings , and the like , fit onely for the entertainment of the ruder or more vulgar sort . for though the magistrates of the city of london obtained from queen elizabeth , anno 1580. that playes and enterludes should no more be acted on the sunday within the liberties of their city ; and that in the year 1583. many were terrified from beholding the like rude sports upon that day , by the falling of a scaffold in paris garden , whereby many were hurt , and eight killed out right : yet there was no restraint of either in other parts of the realm , till king james ( to give a little contentment to the puritan party in the beginning of his reign ) prohibited the same by his proclamation , bearing date at theobalds may 7. 1630. but for all other civil recreations , they were not onely permitted as they had been formerly , but a declaration issued from that king about sixteen years after , concerning lawful sports , from which some of the preciser sort of justices had by their own authority restrained the people . in the next place let us behold the sunday or lords day comparatively with the saints days , and other festivals ; and we shall find them built on the same foundation , the same divine offices performed in both , and the like diligent attendance required on both . for in the act of parliament 5 , 6. of edw. 6. before remembred , the appointing of all holy dayes and set times of worship being first declared to be left by the authority of gods word , unto the liberty of christs church , to be determined in every countrey by the discretion of the rulers thereof ; it is next signified what dayes shall be accounted holy dayes , and what shall not . for so it followeth in that statute ; be it enacted , &c. that all the dayes hereafter mentioned shall be kept and commanded to be kept holy dayes , and none other : that is to say , all sundayes in the year , the feasts of the circumcision of our lord jesus christ , of the epiphany , of the purification ( with all the rest now kept , and there named particularly . ) the like ennumeration we have also in the book of common-prayer , the publick liturgy of this church by law established , where we shall find it thus expressed , that these shall be accounted holy dayes and none other ; that is to say , all sundayes in the year , the feast of the circumcision , the epiphany , with all the rest before specified in the act of parliament . nor doth the church onely rank the lords day with other holy dayes in that enumeration of them , but hath appointed the same divine offices ( the letany excepted onely ) to be performed upon the saints days & other festivals , as upon the sundays , each of them having his proper lesson , collect , epistle , and gospel , as the sunday hath , and some of them their proper psalms also ; which the sunday hath not . and as for the attendance of the people , it is required with as much diligence upon the saints dayes and other festivals , as upon the lords day , by the laws of this land . for so it is enacted in the statute of the first of queen elizabeth , viz. that all and every person and persons inhabiting within this realm , &c. shall diligently and faithfully endeavour themselves to resort to their parish church or chappel , &c. upon every sunday , and other dayes ordained and used to be kept as holy dayes , then and there to abide orderly and soberly , during the time of common prayer , preaching , or other service of god. nor was it only enacted , that men should diligently repair to their church or chappel , as well upon the other holy dayes as upon the sunday , but that the same penalty was imposed on such as without any reasonable let did absent themselves , as well upon the one as upon the other . for so it follows in that statute , viz. that every person so offending , shall not alone be subject unto the censures of the church , but shall forfeit for every such offence twelve pence , to be levied to the use of the poor of the same parish , by the church-wardens of the same , &c. which grounds thus laid , the lord primates argument from the book of homilies will be easily answered . for if the weight of his argument lie in the first words cited out of the homily , that in the fourth commandment god hath given express charge to all men , that upon the sabbath day , which is now our sunday , &c. and therefore that the sunday or lords day may be called a sabbath ; this will prove nothing but a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or a contention about words , and not within the compass of the homily neither , it being declared in the former words of the same homily , that we keep now the first day , which is our sunday , and make that our sabbath , that is our day of rest . so that the destinating of the sunday , or first day of the week for the day of rest , makes it ( at the most ) but a tanquam to the sabbath , neither entituling it to the name nor prerogatives of it . but if the weight of the argument lie in these words , viz. that men upon the sunday or lords day should cease from all weekly and work-day labour , &c. and also give themselves wholly to heavenly exercises of gods true religion and service . for the first part thereof , touching the forbearing of all weekly and work-day labour , is no otherwise to be understood , but of such labours as are prohibited by the laws of the realm , or otherwise may prove an avocation from gods publick service , at the times appointed for the same . and as for the last words , touching mens giving of themselves wholly to heavenly exercises of gods true religion and service ; they are of a far differing meaning from the article of the church of ireland ( for which the lord primate chiefly stickleth ) in which it is declared , that the first day of the week , which is the lords day , is wholly to be dedicated to the service of god. for certainly there is a great difference between the dedicating of a day wholly to the service of god , as in the articles of ireland ; and the giving of our selves wholly to heavenly exercises , as in the homilies of england : the one implying that no part of the day is to be otherwise spent then in the service of god , no place being left either for necessary business , or for lawful pleasure ; the other , that in the acts and times of publick worship , we should give our selves wholly , that is , our whole selves , souls and bodies , to the performance of those heavenly exercises which are then required . it had before been told us in this very homily , that nothing in the fourth commandment was to be retained , but what was found appertaining to the law of nature : but it appertaineth not to the law of nature , either that one day in seven should be set apart for religious worship , or that this one day wholly be so imployed ; vel quod per totam diem abstineatur ab operibus servilibus , as tostatus hath it , or that there be an absolute cessation , during the whole day , from all servile works . by consequence there is no more required of us by the law of nature in this case , but that at the times appointed for gods publick worship , we wholly sequester our selves , yea , our very thoughts , from all worldly business ; fixing our souls and all the faculties thereof , upon that great and weighty business which we are in hand with . that does indeed appertain to the law of nature , naturale est quod dum deum colimus , ab aliis abstineamus , as tostatus hath it ; and to this point we have been trained in the schools of piety , orantis est nihil nisi coelestia cogitare , as was said before . so that the meaning of the homily in that place will be onely this , that for those times which are appointed by the church for the assembly of gods people , we should lay by our daily business , and all worldly thoughts , and wholly give our selves to the heavenly exercises of gods true religion and service , as in the homily we are willed . and that this only was the meaning of the homily in that place , may be convincingly concluded from the reasons following . first , from the improbability that the authors of that homily should propound a doctrine so evidently contrary to the declaration of the act of parliament in the 5 , & 6. of edw. 6. which was then in force ; and unto which not onely the commons and the lords temporal , but even the lords spiritual , and the king himselfe did most unanimously concur ; or that the queen should authorize a doctrin in the book of homilies ( as by ratifying the 39. articles she must be supposed to have done ) which was so plainly and professedly contrary to her own injunctions . secondly , from the strong alarm which was taken generally by the clergy , and the most knowing men of the laity also , at the coming out of doctor bounds . book about the sabbath , anno 1595. in which book it is declared amongst other things , that the commandment of sanctifying every seventh day , as in the mosaical decalogue , is natural , moral , and perpetual . that there is great reason why we christians should take our selves as straightly bound to rest upon the lords day , as the jewes were upon their sabbath ; that there should be no buying of victuals upon that day ; no carriers , packmen , drovers , or other men to be suffered to travel ; no scholars to study the liberal arts ; no lawyers to consult the case of their clients , or peruse their evidences ; no justices to examine causes for preservation of the peace ; no bells to ring upon that day ; no solemn feasts or wedding dinners to be made on it ; with so many other prohibitions and negative precepts , that men of all sorts and professions looked upon it as a common grievance . thirdly , from the great care which was presently taken by such as were in authority , to suppress those doctrines , the said book being called in by arch-bishop whitgift , both by his letters missive and his visitations , as soon as the danger was discovered , anno 1599. and a command signified in the queens name by chief justice popham at the assizes held at bury in suffolk , anno 1600. that the said book should no more be printed ; though afterward in the more remiss government of king james , it came out again with many additions , anno 1606. fourthly , and finally , from the permitting of all sorts of recreations ( even common enterludes and bear-baitings ) in the so much celebrated reign of queen elizabeth ; as also by the declaration about lawful sports published by king james , an. 1618. and revived afterwards by king charles , anno 1633 ▪ which certainly those godly and religions princes would neither have suffered , nor have done , had they conceived it to be contrary to the doctrine of the church of england , of which they were such zealous patrons , and such stout defenders . no breaking of subscription here by the historian , no crossing or opposing of the doctrine of the church of england in the book of homilies , and consequently no such need of sophistry to elude the lord primates argument which was drawn from thence , as the said honourable person n. n. must believe there was . sect . viii . a further argument to prove the meaning of the homily , as before laid down . the high esteem which the church of england hath of the ancient fathers , as also of the usages of the primitive times ; with her respect unto the neighbouring reformed churches . no restraint from labour on the lords day imposed by the council of laodicea . beza's opinion of the liberty in those times allowed of . law-suits and handy-crafts prohibited in great cities on the lords day , by the emperour constantine , but husbandry permitted in the country villages . proof from saint jerome , chrysostom , augustine , that after the divine service of the day was ended , the rest of the day was spent in mens several businesses . husbandry first restrained in the western churches in the council of orleans , anno 540. and by the edict of the emperour leo philosophus in the eastern parts about the year 890. several restraints laid on the lords day by the council of mascon , anno 588. pope gregory offended at such restraints , and his censure of such as did enioyn them . the liberty allowed in the lutheran churches on the lords day , as also in those of the palatinate , till after the year 1612. nor in the churches of the low-countries , till the year 1618. not onely servile works , but fairs and markets continued on the lords day in those countries , till the same year also . necessary labour permitted on the lords day in the reformed churches of the switzers , and honest recreations in the french and genevian churches ; as also in the kirk of scotland . the conclusion and application of the last argument . it hath been proved sufficiently in the former section , that the passage alledged by the lord primate from the book of homilies ( and that twice for failing ) is capable of no such sense and meaning as he puts upon it ; for if it were , the homily must not only contradict it self , but the authors of it must be thought to propound a doctrine directly contrary to the queens injunctions , and the publick liturgy of this church , and several acts of parliament which were then in force . and which is more , the whole body of gods people in this land , by following their necessary business , and lawful pleasures upon the sunday or lords day , when no attendance at the place and hours of gods publick service was required of them , must be supposed to have run on in a course of sin against gods commandments , and of contempt and disobedience to the publick doctrine of the church for the space of 80. years and upwards , without contradiction or restraint ; which to imagine in a church so wisely constituted , and in a state founded on so many good lawes , cannot find place with any man of sober judgement . but there is one argument yet to come , of as much weight and consequence as those before , that is to say , that if any such restraint from labour and honest recreations was by the doctrine of this church imposed on the people of god ; this church must openly oppose the doctrine of the ancient fathers , the laudable usages and customes of the primitive times , together with the general practise and perswasion of all the protestant and reformed churches in these parts of the world : a matter so abhorrent from the principles of the first reformers , and from the canons and determinations of this church and the rulers of it , that no surmises of this kind can consist with reason . the church of england hath alwayes held the fathers in an high regard , whether we look upon them in their learned and laborious writings , or as convened in general , national , and provincial councils ; appealing to them in all differences between her and the church of rome , and making use of their authority and consent in expounding scripture ; witness that famous challenge made by bishop jewel in a sermon preached at saint pauls cross , anno 1560. in which he publickly declared , that if all , or any of the learned men of the church of rome could produce any one sentence out of the writings of any of the ancient fathers , or any general , or national council , for the space of the first 600. years in justification of some doctrines by them maintained , and by us denied , he would relinquish his own religion , and subscribe to theirs . witness the canon made in a convocation of the prelates and c●ergy of england , anno 1571. cap. de concionatoribus , by which it was ordered and decreed that nothing should be preacht to the people , but what was consonant unto the doctrine of the old and new testament , quodque ex illa ipsa doctrina catholici patres & veteres episcopi collegerint , and had been thence collected by the orthodox fathers and ancient bishops . and though h. b. of friday-street in his seditious sermon preached on the fifth of november , anno 1636. and the author of the book entituled , the liberty of prophecy , published in the year 1647. endevour to make them of no reckoning ; yet was king james ( a learned and well studied prince ) perswaded otherwise then so . and thereupon in some directions sent by him to the vice-chancellor , and other of the heads of the university of oxford , bearing date january 18. an. 1616. it was advised and required , that young students in divinity be directed to study such books as be most agreeable in doctrine and discipline to the church of england ; and excited to bestow their time in the fathers and councils , school-men , histories , and controversies , and not to insist too long upon compendiums and abbreviators , making them the grounds of their study in divinity . by which we see that the first place is given to fathers and councils , as they whose writings and decrees were thought to have been most agreeable to the doctrine and discipline of the church of england . the like may be said also of the usages and customes of the primitive times , which the first reformers of this church had a principal care of ; it being asfirmed in the act of parliament , 2. 3. of edw. 6. by which the first liturgy of that kings time was confirmed and ratified , that the compilers of the same not onely had an eye to the most pure , sincere christian religion taught in the scriptures , but also a respect to the usages in the primitive church . they had not else retained so many of the ancient ceremonies , as bowing at the name of jesus , kneeling at the communion , the cross in baptism , standing up at the creed and gospels , praying toward the east , &c. besides the ancient festivals of the saints and martyrs , who have their place and distinct offices in the present liturgy . and as for the neighbouring protestant and reformed churches , although she differ from them in her polity , and form of government , yet did she never authorize any publick doctrine , which might have proved a scandal to them in the condemning of those recreations , works of labour , and other matters of that nature , which the general practice of those churches both approve and tolerate . and therefore if it can be proved , that the spending of the whole lords day , or the lords day wholly in religious exercises , accompanied ( as needs it must be ) with a restraint from necessary labour , and lawful pleasures , be contrary to the doctrine of the ancient fathers , the usages and customes of the primitive times , and to the general practice of the protestant and reformed churches ; i doubt not but it will appear to all equal and indifferent men , that there is no such mind and meaning in the book of homilies or in them that made it , as the lord primate hath been pleas'd to put upon it , or to gather from it . and first , beginning with the fathers , councils , and the usages of the primitive church ; it is not to be found , that ever they required that the whole day should be employed in gods publick service , without permission of such necessary business and honest recreations , as mens occasions might require , or invite them to . it was ordained indeed by the council of laodicea , spoken of before , that christians on the lords day should give themselves to ease and rest ( otiari is the word in latine , which possibly may be meant also of a rest from labour ) but it is qualified with a si modo possint , if it may stand with the conveniences of their affairs , and the condition which they lived in . and so the canon is expounded by zonaras in his gloss upon it . it is appointed ( saith he ) by this canon , that none abstain from labour on the sabbath day , which plainly was a jewish custome , and an anathema laid on those who offended herein . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. but they are willing to rest from labour on the lords day , in honour of the resurrection of our lord and saviour . but here we must observe that the canon addes , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in case they may . for by the civil law it is precisely ordered , that every man shall rest that day , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the hindes and husbandmen excepted ; his reason is the very same with that before expressed in the emperours edict , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. for unto them it is permitted to work and travel on that day , because perhaps if they neglect it , they may not find another day so fit and serviceable for their occasions . besides which it is to be considered , that many christians of those times were servants unto heathen masters , or otherwise obnoxious to the power of those under whom they lived ; and therefore could not on the lords day abstain from any manner of work further then it might stand with the will and pleasure of those superiours to whom the lord had made them subject . a christian servant living under the command of an heathen master , might otherwise neglect this masters business one whole day in seven , and plead the canon of this council for his justification ; which whether it would have saved him from correction , or the church from scandal , i leave to be considered by all sober and unbiassed men . all that the church required of her conformable children , during the first 300. years , was onely to attend the publick ministration , or morning-service of the day , leaving them to dispose of the rest thereof at their will and pleasure ; the very toil of husbandry not being prohibited or restrained for some ages following . for proof whereof take these words of beza , a man of great credit and esteem not onely with our english presbyterians , but the lord primate himself . vt autem christiani eo die à suis quotidianis laboribus abstinerent , praeter id temporis quod in coetu ponebatur , id neque illis apostolicis temporibus mandatum , neque prius fuit observatum quam id à christianis imperatoribus , nequis à rerum sacrarum meditatione abstraheretur , & quidem non ita praecise observatum . that christians ought , saith he , to abstain that day from their labour , except that part alone which was appointed for the meetings of the congregation ; was never either commanded in the apostles times , nor otherwise observed in the church , until such time that so it was enjoyned by christian emperours , to the end the people might not be diverted from meditating on holy matters ; nor was it then so strictly kept as it was enjoyned . now the first christian emperour was the famous and renowned constantine , who was the first that established the lords day ( which formerly had stood on no other ground then the authority of the church , and consent of gods people ) by imperial edicts ; so by the like imperial edict he restrained some labours on that day , and permitted others . the judges in that age used to hold their courts of judicature , even in the hours and times of gods publick service ; by which means many were necessitated to absent themselves from the publick meetings of the church , and neglect their duties unto god. many of the artificers also which dwelt in great towns and populous cities , whose penny was more precious with them then their pater noster , used to do the like . for remedy whereof , it was ordained by the emperours edict , vt omnes judices , urbanaeque plebes , & cunctarum artium officia venerabili die solis quiescant . but on the other side it was permitted unto those who lived in countrey villages , to attend their husbandry , because it hapneth many times , ut non aptius alio die frumenta sulcis , vineae scrobibus mandentur , that no day is more fit then that for sowing corn , and for planting vines . and then he gives this reason for it , ne occasione momenti pereat commoditas coelesti provisione concessa ; lest otherwise by neglect of convenient seasons , they lose those benefits which their god had bestowed upon them . and if the toyles of husbandry were not onely permitted upon that day , but in a manner seemed to be enjoyned by the former edict , no question but such worldly businesses as did not take men off from their attendance at the times of the ministration , might be better suffered . and so saint hierom doth inform us of paula , a devout and religious lady , that she caused her maidens and other women which belonged to her , to repair diligently to the church on the lords day ; but so that after their return operi distributo instabant , & vel sibi vel caeteris vestimenta faciebant , they betook themselves unto their tasks , in making garments either for themselves or others . nor doth the father censure or reprove her for it , as certainly he would have done , had any such doctrine been then taught and countenanced in the church of christ , touching the spending of the whole day ( or the lords day wholly ) in religious exercises . it appears also by s. chrysoft . that after the divine duties of the day were finished , which held but 1 or 2 hours in the morning ( unam aut duas hor as ex die integro , as it is in origen ) the people were required only to spend some time in meditation at their coming home , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and were then suffered to pursue the works of their several callings . saint austine in his tract de rectitudine catholicae conversationis adviseth us to be attent and silent all the time of divine service , not telling tales , nor falling into jarres and quarrels , as being to answer , such of us as offend therein : dum nec ipse verbum dei audit , nec alios audire permittit , as neither hearkning to the word of god our selves , nor permitting others . but for the residue of the day , he left it in the same estate in which he found it , to be disposed of by gods people , according as their several necessities and occasions required of them . thus have we seen as well the doctrine as the practise of the african and eastern churches : let us now turn our selves towards the west , and we shall find that some in france had begun to judaize so far , as to impose many of those restraints on the lords day , which the jewes had put upon their sabbath ; viz. that none should travel on the lords day with waines or horses , or dress meat , or make clean the house , or meddle with any manner of domestick business . which being taken into consideration by the third council of orleance , anno 540. it was there ordained , that since those prohibitions did savour more of the jew then of the christian ; die dominico quod ante licuit , licere , that therefore whatsoever had formerly been lawful on that day , should be lawful still . yet so , that for the satisfaction and contentment of those troublesome spirits , who would not otherwise submit to the determinations of the council , it was thought convenient , that men should rest that day from husbandry , and the vintage ; from sowing , reaping , hedging , and such servile works , quo facilius ad ecclesiam venientes , orationis gratia vacent , that so they might have better leisure to go unto the church , and there say their prayers . this as it was the first restraint from husbandry on the lords day , which had been made by the canons of the church ; so was it seconded by a canon made in the synod of mascon in the 24. year of ganthram king of the burgundians , anno 588. and followed by another in the council of auxerre in france under clotaire the second , about two years after . in both of which it was decreed , non licere die dominico boves jungere , vel alia opera exercere ; that no man should be suffered to yoke his oxen , or do any manner of work upon the sunday . but then we must observe withall , that these councils acted onely by their own authority , not charging those restraints on god , or on his commandment ; it being positively declared by the canon of the council of mascon , that the lord did not exact it of us that we should celebrate this day in a corporal abstinence , or rest from labour ; who onely looks that we do yield obedience to his holy will , by which contemning earthly things , he may conduct us to the heaven of his infinite mercy . which declaration notwithstanding , the doctrine of it selfe was so offensive to pope gregory the first , that partly to encounter with some christians of the eastern countries , who still observed the jewish sabbath , and partly to prevent the further spreading of these restraints in the western parts , which made men seem to judaize on the lords day also ; he pronounced such as were active in promoting the practise and opinion of either side , to be the preachers of antichrist , qui veniens diem sabbati & diem dominicum ab omni opere faciet custodiri , as his own words are . less forward were the eastern churches , in imposing any of these new restraints upon the people , then the western were ; the toiles of husbandry it self not being prohibited in the eastern parts of the empire , til the time of leo philosophus , ( he began his government , anno 886. ) who grounding himself on some command of the holy ghost , and the lords apostles , which neither he nor any body else could ever finde , decreed by his imperial edict , ut omnes in die sacro , &c. à labore vacent . neque agricolae , &c. that all men whatsoever , as well the husbandman as others , should on the lords day rest from all manner of work . so long it was before any such general restraints were laid upon gods people , either in the west or east . in all which time we neither find , that the setting of some whole day apart for gods solemn worship , was lookt upon as juris divini naturalis , which is the lord primates own opinion ; or that the first day of the week , which is the lords day , was wholly to be dedicated to the service of god , and therefore that men should be bound to rest therein from their common and daily business , which is the doctrine of the articles of the church of ireland . next let us look upon the protestant lutheran churches , amongst whom , though restraints from labour , formerly imposed by many canons , laws , and imperial edicts , do remain in force , yet they indulge unto themselves all honest and lawful recreations , and spare not to travel on that day , as well as upon any other , as their necessities , or pleasures give occasion for it . if they repair unto the church , and give their diligent attendance on gods publick service , there is no more expected of them ; they may dispose of all the rest of the day in their own affairs , and follow all such businesses from which they are not barred by the laws of the several countries in which they live , without being called to an account , or censured for it . and as for the reformed or calvinian churches , they give themselves more liberty on that day then the lutherans doe , few of them having any divine offices ( until now of late ) in the afternoons ; as neither had the primitive christians , till toward the later end of the fifth , or the beginning of the sixth century . in those of the palatinate , the gentlemen betake themselves in the afternoon of the lords day to hawking and hunting , according as the season of the year is fit for either , or spend it in taking the air , visiting their friends , or whatsoever else shall seem pleasing unto them : as doth the husbandman in looking over his grounds , ordering his cattel , or following of such recreations as are most agreeable to his nature and education . and so it stood in the year 1612. at what time the lady elizabeth , daughter to king james , and wife to frederick the fifth , prince elector palatine , came first into that countrey ; whose having divine service every afternoon in her chappel or closet , officiated by her own chaplains , according to the liturgy of the church of england , might give some hint to the prince her husband to cause the like religious offices to be performed in some part of the afternoon in the city of heidelberg , and after by degrees in other the cities and towns of his dominions . in the netherlands they have not onely practice , but a canon for it ; it being thus decreed by the synod of dort , anno 1574. publicae vespertinae preces non sunt introducendae ubi non sunt introductae , & ubi sunt , tollantur ; that is to say , that in such churches where publick evening prayer had not been admitted , it should continue as it was ; and where they were admitted , they should be put down . and if they had no evening prayers , there is no question to be made , but that they had their evening pastimes , and that the afternoon was spent in such employments as were most suitable to the condition of each several man. and so it stood till the last synod of dort , anno 1618. in which it was ordained , that catechism-lectures should be read in their churches on sundayes in the afternoon , the minister not to be deterred from doing his duty propter auditorum infrequentiam , though possibly at the first he might have few auditors ; and that the civil magistrate should be implored , ut omnia opera servilia & quotidiana , &c. that all servile works and other prophanations of that day might be restrained , quibus tempus pomeridianum , maxime in pagis , plerumque transique soleret ; wherewith the afternoon , chiefly in smaller towns and villages , had before been spent , that so they might repair to the catechizing . for both before that time , and since , they held their fairs and markets ( their kirk-masses , as they used to call them ) as well upon the lords day , as on any other , and those as well frequented in the afternoon , as were the churches in the forenoon . france , and even in geneva it self ( the new rome of the calvinian party ) all honest exercises , shooting in peeces , long-bows , cross-bows , &c. are used on the sunday , and that in the morning , both before and after sermon : neither do the ministers find fault therewith , so they hinder not from hearing of the word at the time appointed . and as for the churches of the switzers , zuinglius avoweth it to be lawful , die dominico , peractis sacris , laboribus incumbere , on the lords day after the end of divine service , for any man to follow and pursue his labours ; as commonly we do , saith he , in the time of harvest . and possible enough it is , that the pure kirk of scotland might have thought so too , the ministers thereof being very inclinable to the doctrine of zuinglius , and the practise of the helvetian churches , which they had readily taken into their confession , anno 1561 , but that they were resolved not to keep those holy dayes which in those churches are allowed of : all holy dayes but the lords day onely having been formerly put down by their book of discipline . nor could i ever learn from any of my acquaintance of that kingdom , but that men followed their necessary businesses , and honest recreations on the lords day , till by commerce and correspondence with the puritan , or presbyterian party here in england , the sabbatarian doctrines began by little and little to get ground amongst them . on all which premises i conclude , that the authors of that homily had neither any mind or meaning to contradict the ancient fathers , the usages and customes of the primitive times , in the general practice of the protestant and reformed churches ; and therefore that the words of the homily are not to be understood in any such sense as he puts upon them . the doctrine of the church of england is clear and uniform , every way consonant to it self ; not to be bowed to a compliance with the irish articles of the year 1615. and much less with the judgement and opinion of one single person in 640. no sophistry in all this , but good topical arguments , and such as may be more easily contemned then answered . and so much toward the exonerating of the fourth charge , the most material of them all , in which the historian stands accused for opposing the doctrine of this church in the book of homilies , to which he had formerly subscribed . sect . ix . the historian charged for mistaking the affairs of ireland in two particulars , which he ingenuously confesseth . the great cunning of the puritan faction in effecting their desires in the convocation of dublin , anno 1615. which they could not compass here in england . the historian accused for shamelesness , &c. for the second mistake , though onely in a point of circumstance ; the articles of ireland being called in , and those of england received in the place thereof by the convocation , though not by parliament . the lord primates narrative of this business ; he finds himself surprized in passing the canon , and makes use of a sorry shift to salve the matter . the matter of a commandment how , and in what sense made an article of the faith ; and made a matter of the faith in this particular of the lords day by the assemblie of divines at westminster . the consecration of arch-bishops and bishops , as capable of being taken into the creed , as the parity of ministers . no verdict passed in behalf of the lords day sabbath by the church of england . the great difference between the lord primate and the church of england in this business of the lords day sabbath . a parting dash bestowed by the lord primate on the historian . this leads me on to the fifth and last charge laid on the historian , meerly extrinsecal , as to the main concernments of the point in hand , though such as hath better ground to stand on then the other four . the historian having carried on his design as far as he could by the help of books , was forced to take up two passages , concerning the affairs of ireland , upon information ; an information not took up upon a vulgar hear-say , but given to him by such hands , from which he was confident he might receive it , without doubt or scruple . the first particular is this , that at such time as his majesties commissioners in ireland employed about the setling of that church anno 1615. there passed an article , touching the keeping of the lords day , by which the english sabbatarians were much confirmed in their courses , and hath been often since alledged to justifie both them and their proceedings , hist . sab. p. 2. l ▪ c. 8. n. 9. but the lotd primate now assures us , that the said article was passed , and the book of articles published in print divers yeares before the commissioners ( whom he meaneth ) came thither , p. 109. and thereunto doctor bernard addeth , that the said articles were subscribed by the arch-bishop of dublin , then speaker of the house of bishops in convocation , by the prolocutor of the house of the clergy in their names , and signed by the lord deputy chichester in the name of king james . if so , ( as now i believe it was ) i must needs say that the sabbatarians , and the rest of the calvinian party in england , were wiser in their generations then the children of light ; who seeing that they had no hopes of thrusting the nine articles of lambeth , their sabbath speculations , and the rest of their heterodoxies ( of which particularly hereafter ) on the church of england , they began to cast their eyes on ireland , which lying further off might be less looked after . and in that realm they made themselves so strong a party , that they obtained those points in the convocation held at dublin , anno 1615. which neither their seditious clamours in the reign of queen elizabeth , nor their petition to king james at his first entrance on this kingdom , nor their motion at the conference in hampton court , nor their continual addresses to the houses of parliament , were able to effect in england . the out-works being thus easily gained , they made from thence their batteries on the fort it self , of which they doubted not to make themselves masters in short time , as in fine they did . for after this , when the sabbath quarrels were revived , and the arminian controversies in agitation , no argument was more hotly prest by those of the puritan faction , then the authority of these articles , and the infallible judgement of king james , to confirm the same . the other particular , in which the historian doth confess himself to have been too credulous in believing , and inconsiderate in publishing such mistaken intelligence , is , that the articles of ireland were called in , and that in their place the articles of the church of england were confirmed by parliament in that kingdom , anno 1634. for this mistake , though it be only in the circumstance , not in the substance of the fact which is now before us , he stands accused by the lord primate of no less then shamelesness . nor shames he to affirm ( saith he ) that the whole book of the articles of ireland is now called in ( which is a notorious untruth ) and that the articles of the church of england were confirmed by parliament in this kingdom , anno 1634. which passage , with some others in this letter , makes me apt to think , that it was never the lord primates meaning , or desire to have it published in print , though dr. bernard hath been pleased to adventure on it . for if it had been so intended , he would have shewed less passion , and more civility towards a doctor in divinity , chaplain in ordinary to the king , and one not altogether untravelled in the wayes of learning ; then to brand him with sophistry , shamelessness , and extravagant fancies , to tax him with notorious untruths , speaking inconsiderately ; and finally to send him back to school again to learn his catechism . egregiam vero laudem & spolia ampla tulistis tuque puerque tuus . assuredly the lord primate and his chaplain too have reapt great praise and micle meed for this notable victory , by which notwithstanding they have gain'd nothing but the name and noise . for if it can be proved ( as i think it may ) that the articles of ireland were called in , and that those of england were received in their place ; then , whether it were done by parliament or convocation , is not much material . but on the contrary , it is affirmed by the lord primate , that the house of convocation in the beginning of their canons , for the manifestation of their agreement with the church of england , in the confession of the same chrstian faith , and the doctrine of the sacraments , as themselves profess , and for no other end in the world , did receive and approve of the articles of england : but that either the articles of ireland were ever called in , or any article , or canons at all were ever here confirmed by act of parliament , may well be reckoned amongst dr. heylyns fancies . this the lord primate hath affirmed , but takes no notice that the receiving of the articles of england imports no less then the repealing of those of ireland ; of which since doctor bernard hath discoursed more fully in his following paper , i shall reserve my answer unto this objection , till i come to him . in the mean time we are to know , that the lord primate having been wrought on to propose the canon which he speaks of about the articles of england , did readily consent unto it , conceiving it to be without any prejudice to the other ; and thereupon he did not onely propose it in the house of the bishops , but commended it to the house of the clergy , where by his motion many assented the more readily , as dr. bernard hath informed us , p. 118. but afterwards , the lord primate , upon further consideration , conceiving that he had been surprized , and that he had passed more away in that canon then he first intended , began to cast about for some expedient to salve the matter , and keep the articles of ireland in their former credit . and thereupon it was thought fit that both the lord primate himself , and some other bishops of his party should at an ordination , take the subscription of the party ordained to both articles , the articles of england not being received instead , but with those of ireland , p. 120 , 121. a sorry shift , but such as was conceived to be better then none , though as good as nothing . but leaving this dispute to another place , as before was intimated we now proceed to the examination of some other passages in the lord primates letter unto his honourable friend , in which he first chargeth the historian for speaking inconsiderately , in saying , that before that time , viz. anno 1615. the lords day had never attained such credit as to be thought an article of the faith , though of some mens fancies . and why was this so inconsiderately spoken ? because ( saith he ) he that would confound the ten commandments ( whereof this must he accounted for one unless he will leave us but nine with the articles of faith , had need be put to learn his catechisme again . but this i look on as a flourish , or a fansie onely . for i hope the lord primate doth not think the historian so extremely ignorant , as to mean there a justifying and salvifical faith ; but that he takes faith there in the general notion , as it importeth a firm perswasion , and beliefe that those things are undoubtedly true which are commended to him by the church in which he liveth , or found in any creditable and unquestioned author ; and in this notion of the word , the matter of a commandment being made a doctrine , may be called an article of the faith , without any such scorn , as to be put to learn the catechism again . the articles of england by such as write of them in latine , are called confessio ecclesiae anglicanae ( praeter confessionem anglicanam quam mihi ut modestam praedicabant , &c. saith the arch-bishop of spalato . ) in like manner and in the same sense and signification as the articles of the belgick churches , and the kirk of scotland , are called confessio fidei ecclesiarum belgicarum , confessio fidei scoticana , & sit de caeteris , that is to say , the confession of the faith of those several churches . by which name the articles of ireland being also called by a most eminent , learned and judicious person ( as doctor bernard sets him out , p. 121. ) and the new doctrine of the sabbath being made a part of that confession , it may be said without any absurdity , or being put to school again to learn the catechisme , that till that time , viz. 1615. the lords day never had attained that credit , as to be thought an article of the faith. but to make the matter sure , and beyond exception , i must put dr. bernard in mind of a book entituled , the humble advice of the assembly of divines assembled at westminster by the authority of parliament , concerning a confession of faith. in which confession of the faith it is said expresly , that , as it is in the law of nature , that in general a due proportion of time be set apart for the worship of god ; so in his word by a positive , moral , and perpetual commandment , binding all men , in all ages , he hath particularly appointed one day in seven for a sabbath to be kept holy unto him : which from the beginning of the world to the resurrection of christ , was the last day of the week ; and from the resurrection of christ , was changed into the first day of the week , which in scripture is called the lords day , and is to be continued to the end of the world , as the christian sabbath . the institution and keeping of the lords day here is made an article of the faith , an article of that confession of the faith which by the assembly of divines ( whereof the lord primate was nominated to be one ) was recommended to the two houses of parliament ; and yet i trow , the lord primate wil not send the whole assembly to learn their catechism again , unless it were one of the catechisms of their own making , either the larger , or the lesser , 't is no matter which . but the lord primate stayes not here , he goes on and saith , that he that would have every thing which is put into the articles of religion , to be held for an article of faith , should do well to tell us whether he hath as yet admitted the book of the ordination of bishops , and the two volumes of homilies into his creed ; both which he shall find received in the articles of religion agreed upon in the synod held at london , anno 1562. but unto this it may be answered , that the book of the ordination of bishops , and the two volumes of homilies may be so far taken into the historians creed , as to believe as much of either as is required of him in the book of articles . for he may very warrantably and safely say , that he does verily believe that the second book of homilies doth contain a godly and wholesome doctrine , and necessary for those times ( that is to say , the times in which they were first publisht ) and that the book of consecration of arch-bishops and bishops , and ordering of priests and deacons , doth contain all things necessary to such consecration and ordering , and that it hath nothing that of it self is superstitious or ungodly . all this the historian doth and may believe without making it an article of his faith , except it be in that general notion of the word , which before we spake of ; and in which notion of the word , the article of the consecration of arch-bishops and bishops , &c. may as well finde a place in the confession of the faith of the church of england , as that article of the parity of ministers hath found admittance in the confessions of the belgick , scotish , and other reformed churches . for in the belgick confession , art. 31. it is thus declared , quantum vero attinet divini verbi ministros , ubicunque locorum sint , eandem illi potestatem & authoritatem habent , ut qui omnes sint christi , unici illius episcopi universalis , unicique capitis ecclesiae ministri . the french confession bearing this title , gallicarum ecclesiarum confessio fidei , that is to say , the confession of the faith of the french or gallick churches as the scotish confession is called confessio fidei scoticana ) doth affirm as much , viz. credimus omnes veros pastores ubicunque locorum collocati fuerint , eadem & aequali inter se potestate esse praeditos sub unico illo capite , summoque & solo universali episcopo jesu christo . and so no question in the rest . the consecration of arch-bishops and bishops may as well be an article of the faith amongst us in england , as the parity of ministers amongst those of france , or the low-countries . these interlocutories being thus passed over , the lord primate comes at last to his final and definitive sentence ; for what remaineth after the verdict is once given , but that judgment in the case be pronounced accordingly ? and the judgment is given us in these words , viz. by the verdict of the church of england , the lords day had obtained such a pitch of credit , as nothing more could be left to the church of ireland in their articles , afterward to adde unto it . but against this judgment i appeal , and must reverse the same by writ of error . for first , although the lords day had obtained such a pitch of credit in the realm of england , as is here affirmed , it was obtained rather by the practises of the sabbatarians , who were instant in season and out of season to promote the cause , then by any countenance given unto it by the church and the rulers of it . and secondly , if any such verdict had been given , it was not given by any jury which was legally summoned , or trusted by the church to act any thing in that particular . and then the foreman of this jury must be doctor bound , master greenham , master perkins , doctor lewis bayley , master dod , master clever , doctor gouge , master whateley , doctor sibs , doctor preston , master bifield , doctor twisse , and master ley must make up the pannel ; the five smectymnuans , and he that pulled down the cross in saint pauls church-yard , standing by in a readiness to put in for the tales , as occasion served . unless the verdict had been given by these , or such as these , the lords day never had attained such a pitch of credit , as is here supposed ; but how a verdict so given in may be affirmed to be a verdict of the church of england , i am yet to seek . so that except there had been something left to the church of ireland in their articles to adde unto it ; the sabbatarian brethren would have found small comfort from any verdict given on their side by the church of england . the church of england differs as much in this point from the articles of ireland , as the lord primate differeth in it from the church of england . the lord primate sets it down for a proposition , that the setting apart of one day in seven for gods solemn worship , is juris divini positivi , recorded in the fourth commandment , p. 105. but the lords spiritual , the most eminent representers of the church of england declared in the parliament , in the 5 , & 6. of edw. 6. that there is no certain time , or definite number of dayes prescribed in holy scripture ; but the appointment both of the time , and also of the number of dayes , is left by the authority of gods word to the liberty of christs church , to be determined and assigned orderly in every countrey , by the discretion of the rulers , and ministers thereof , as they shall judge most expedient to the setting forth gods glory , and edification of their people . the church of england hath declared in the homily of the time and place of prayer , that the lords day was instituted by the authority of the church , and the consent of godly christian people after christs ascension . but the lord primate doth entitle it unto christ himself , and to that end alledgeth a passage out of the homily de semente , ascribed ( but ascribed falsly ) unto s. athanasius , viz. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . the proper meaning of which words hath been shewen already in the first section of this treatise . the lord primate in conformity to the articles of the church of ireland , affirms for certain , that the whole day must be set apart for gods solemn worship . but in the church of england there is liberty given upon that day , not onely for honest recreations , but also for such necessary works of labour , as are not , or have not been restrained by the laws of the land. which makes the difference in this case between the lord primate , and the church of england to be irreconcilable . and here i would have left the lord primates letter writ to his honourable friend , the contents whereof have been the sole subject of the present section ; but that the lord primate will not so part with the historian , he must needs bestow a dash upon him before he leaves him , telling his honourable friend , how little credit the historian deserves in his geography , when he brings news of the remote parts of the world , that tells so many untruths of things so lately , and so publickly acted in his neighbour nation . this i must needs say comes in very unhandsomely , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dictum at the best , and savours little of that moderation , humility , and meekness of spirit , for which doctor bernard hath so fam'd him , not onely in this present treatise , but his funeral sermon . but let this pass cum caeteris erroribus , without more ado . i have some other game in chase , to which now i hasten . sect . x. seven points of doctrine in which the lord primate differeth from the church of england . the lord primates judgment in the point of episcopacy , and the ordination of ministers beyond the seas . that bishops and presbyters did differ ordine , and not onely gradu , proved by three passages in the book of consecration , and by the different forms of the ordination of bishops , priests and deacons , used in the said book . the form and manner of making bishops , priests and deacons expresly regulated by the canons of the fourth council of carthage . the ordination of presbyters by presbyters declared unlawful , by the rules of the primitive church . the universal redemption of mankind by the blood of christ , maintained by the church of england ; but denied by the lord primate , not constant to himselfe in his own opinion ▪ a real presence of christ in the sacrament maintained by the church of england , and affirmed by the most eminent prelates of it ; but both denied and opposed by the lord primate in his answer to the jesuites challenge . that the priest hath power to forgive sins , proved by three several passages out of the book of common-prayer . the meaning of the two first passages subverted by the lord primates gloss or descant on them ; but no notice taken by him of the last , which is most material . that the priest forgiveth sins either declarativè or optativè better approved by the lord primate ; neither of which come up close to the church of england , and the reason why . the church of england holdeth that the priect forgiveth sins authoritativè , by a delegated , not a soveraign power ; and that she so holdeth is affirmed by some learned men of the church of rome ▪ the benefit of absolution from the hands of the priest , humbly desired and received by doctor reynolds at the time of his death . the church of england maintains a local descent , and the proof thereof . the church not altered in her judgement since the first making of that article , anno 1552. as some men imagine ; the lord primate goes a different way from the church of england , and the great pains by him taken to make it good . a transition to the nine articles of lambeth . the difference between the church of england and the lord primate in the point of the sabbath , we have shewed already ; and well it were , if he differed from the church of england in no point else . but doctor bernard gives us some , and the answer to the jesuites challenge hath given given us others . first , the lord primate tells us in a letter writ to doctor bernard , and by him now published , that he ever declared his opinion to be ( but it was onely in private to some special friends ) that episcopus & presbyter gradu tantum differunt , non ordine , and consequently that in places where bishops cannot be had , the ordination by presbyters standeth valid . and howsoever ( saith he ) i must needs think that the churches , which have no bishops , are thereby become very defective in their government , and that the churches in france , who living under a popish power , and cannot do what they would , are more excusable in this defect then the low-countreyes , that live under a a free state ; yet for the testifying my communion with these churches ( which i do love and honour as true members of the church universal ) i do profess that with like affection i should receive the blessed sacrament at the hands of the dutch ministers , if i were in holland , as i should do at the hands of the french ministers , if i were in charentone . and this i must needs say , though i never saw it before in print , is no news to me at all . for i have heard long since , and from very good hands , that the lord primate did so fully communicate his judgement in the point of episcopacy to doctor preston then of cambridge ( a man of quick parts , and deep comprehensions ) that he used to say many times to his friends and followers , that if the bishops of england did lay the foundation of their calling on no other grounds then the primate did , the differences between them would be soon agreed . but on the other side it is the doctrine of the church of england that a bishop and a presbyter do differ ordine in respect of some super our order which the presbyter hath not ; and not gradu onely , in respect of some superiority of degree , which every bishop hath above the presbyters . and this appears plainly by the preface of the book entituled , the form and manner of making and consecrating bishops , priests , and deacons ; approved by the articles of the church , and established by the laws of the land , in which preface it is said expresly , that it is evident unto all men , diligently reading holy scripture , and ancient authors , that from the apostles time , there have been these orders of ministers in christs church , bishops , priests and deacons . it follows not long after thus , viz. and therefore to the intent these orders should be continued , and reverently used and esteemed in this church of england , it is requisite that no man ( not being at this present bishop , priest , nor deacon ) shall execute any of them , except he be called tried , examined , and admitted according to the form hereafter following . here then we have 3. orders of ministers , bishops , priests and deacons ; the bishop differing ▪ as much in order from the priest , as the priest differs in order from the deacon . but because perhaps it may be said , that this preface is no part of the book which stands approved by the articles of the church , and establisht by the laws of the land , let us next look into the body of the book it selfe ; where in the form of consecrating an arch-bishop , or bishop , we shall find a prayer in these words following , viz. almighty god , giver of all good things , who hast appointed divers orders of ministers in thy church , mercifully behold this thy servant , now called to the work and ministry of a bishop , and replenish him so with the truth of thy doctrine , and innocency of life , that both by word and deed , he may faithfully serve thee in this office , &c. by which prayer , it doth as evidently appear as it did before in the preface , not onely that the office of a bishop doth differ from the office of the priests and deacons , but that the bishop is of a different order from all other ministers . and this appears yet further by the different forms used in the ordering of the priests and deacons , and the form of consecrating an arch-bishop or bishop . which certainly the church had never distinguished in such solemnity ( for frustra fit per plura quod fieri potest per pauciora ) if the consecrating of a bishop did not adde some further order to him , which before he had not as a priest or presbyter . but because possibly some may say that the church of england is either singular in this point , or else did borrow these forms from the popish ordinals , as it is said to have borrowed her publick liturgy from the popish missals ; it will be found on the first search , that nothing is done , or appointed to be done by the church of england , but what was regulated and prescribed by the fourth council of carthage , anno 401. or thereabout . in which council it is first ordained , that in the ordination of a priest or presbyter , the bishop holding his hand on his head , and blessing him , all the presbyters that were present should hold their hands by the hands of the bishop . whereas in the ordination of a deacon , it sufficeth that the bishop alone put his hands upon the head of him that is ordained ; because he is not sanctified to priestly dignity , but to the service of the church . but in the consecration of a bishop it is there required , that two bishops holding the book of gospels over his head , the third ( which regularly was to be the metropolitan of the province ) should pronounce the words of consecration , all the other bishops which are present laying their hands upon him as others did . i said that regularly the bishop which pronounced the words of consecration , was to be the metropolitan of the province , in which the new bishop was ordained , because we find it so ordered in the council of antioch , anno 365. in which it was decreed , that a bishop should not be ordained without a synod and the presence of the metropolitan , that the metropolitan by his letters should call unto him all the bishops in the province , if conveniently they might come together ; if not , that at the least the greater part should be present , or give their consent by writing . by which it seems , that the consecration of a bishop was esteemed a work of so great dignity in it self , and of so great importance to the church of christ , that all the bishops of the province were required to be present at it , if they could conveniently . but to return again to the fourth council of carthage , we find therein three several and distinct forms of ordination , and consequently three several orders of ministers to be so ordained . for otherwise it had been very unnecessary to use one form in the making of a presbyter , & another in the consecrating of bishops ; the one to be performed by the bishop and some presbyters onely , the other not to be attempted but with the presence ( or the consent at least ) of the metropolitan , all other bishops of the province consenting to it , and giving their assistance at that sacred ceremony , if not otherwise hindered . and though this fourth council of carthage was but national onely , yet was it universally received ( and that too in a very short time ) over all the church , and made the standing rule , by which the consecrating of bishops , and the ordaining of priests and deacons was to be officiated . a rule so punctually followed by the church of england , that it seemeth to be rather of the carthaginian then the roman party , and more to savour of the primitive , then the popish ordinals . and to this rule the church did tie it selfe so strictly concerning the consecration of an arch bishop or bishop , that though a bishop in some cases might ordain a priest or presbyter , without the presence and co-operation of other presbyters ; yet was there no case whatsoever , in which it was lawful for one or more priests or presbyters to ordain another . and so it was adjudged in the case of coluthus , whose ordinations were therfore declared void & of no effect , because he was no bishop but a presbyter onely , as is affirmed by athanasius in apol. 2. which as it clearly contradicted the lord primates judgement in the point of the lawfulness of the ordination of presbyters by presbyters , without the concurrence of a bishop ; so doth it justifie the church of england against him in the point of episcopacy , which she affirms , and he denies to be a distinct order from that of the priest or presbyter . but nothing doth more fully manifest the lord primates judgement in this particular ( and consequently his dissent therein from the church of england ) then his publishing the judgement and opinion of doctor reynolds in this point ; which he so far enlarged and explicated , that doctor bernard reckoneth it amongst his works . the title of the book runs thus : the judgement of doctor reynolds touching the original of episcopacy , more largely confirmed out of antiquity , by james arch-bishop of armagh . the doctors judgement is as followeth , viz. when elders were ordained by the apostles in every church , through every city to feed the flock of christ , whereof the holy ghost had made them overseers : they to the intent they might the better do it , by common counsel , and consent , did use to assemble themselves and meet together . in which meetings , for the more orderly handling and concluding of things pertaining to their charge , they chose one amongst them to be the president of their company , and moderator of their actions . as in the church of ephesus , though it had sundry elders and pastors to guide it ; yet amongst those sundry , was there one chief , whom our saviour calleth the angel of the church , and writeth that to him , which by him the rest should know . and this is he whom afterwards in the primitive church the fathers called bishop . so far the words of dr. reynolds , then which there nothing can be said more contrary to the first institution , nor more derogatory to the order and estate of bishops . and if the lord primate did magnifie his own office no better in other things , then he did in publishing this piece , doctor bernard might have spared that part of the character which he gives us of him for so doing , p. 151. for by this magnifying of his office he made himself no better then the president of the presbyters within his diocess ( the chief priest , or arch-priest we may fitly call him ) though possibly in regard of his personal abilities , he might be suffered to enjoy that presidency for term of life ; such a perpetual presidency as calvin was possessed of when he reigned in geneva , and sate as pope over all the churches of his platform ; and was enjoyed by beza many years after his decease , till danaeus ( thinking himself as good a man as the best ) made a party against him , and set him quite beside the cushion . since which time that presidency hath continued no longer in any one man , then from session to session , from one classical meeting to another ; & loco libertatis erat quod eligi coeperunt , in the words of tacitus . which fate would questionless befall all the bishops in christendom , if their presbyters were once possessed with this fansie , that the bishop was but a creature of their own making , as is affirmed by doctor reynolds ; or that they and their bishop did not differ ordine , but gradu onely , which the lord primate ( to the great magnifying of his office ) hath declared to be his own constant opinion . 3. in the next place the church of england doth maintain an universal redemption of all mankind , by the death and sufferings of our saviour . this first proved by that passage in the publick catechism , by which the party catechized is taught to believe in god the son , who redeemed him and all mankind : secondly , by that clause in the letany , viz. o god the son redeemer of the world have mercy upon us , &c. thirdly , by the prayer of consecrating the elements of bread and wine , viz. almighty god , our heavenly father , which of thy tender mercy didst give thine onely son jesus christ , to suffer death upon the cross for our redemption , who made there ( by his own oblation of himself once offered ) a full , perfect , and sufficient sacrifice , oblation , and satisfaction , for the sins of the whole world , &c. nor was it without some such meaning that she selected those words of our saviour in saint johns gospel , viz. god so loved the world , that he gave his onely begotten son , &c. to be used in the preparation to the communion ; as she reiterated some others , viz. o lamb of god that takest away the sins of the world , incorporated into the gloria in excelsis at the end thereof . but in this point the lord primate is of a contrary judgement to the church of england . for as he seems not to like their opinion , who contract the riches of christs satisfaction into too narrow a room ; as if none had any interess therein , but such as were elected before the foundation of the world ; so he declareth his dislike of the other extreme ( as he is pleas'd to call it ) by which the benefit of this satisfaction is extended to the redemption of all mankind . the one extremity ( saith he ) extends the benefit of christs satisfaction so far , ut reconciliationem cum deo , & peccatorum remissionem singulis impetraverit , as to obtain a reconciliation with god , and a remission of sins for all men at his merciful hands , p. 21. which though they are the words of the remonstrants at the conference at the hague , anno 1611. and are by him reckoned for untrue ; yet do they naturally result from the doctrine of universal redemption , which is maintained in the church of england . not that all mankind is so perfectly reconciled to almighty god , as to be really and actually discharged from all their sins , before they actually believe ( which the lord primate makes to be the meaning and effect of that extremity , as he calls it , p. 2. ) but that they are so far reconciled unto him , as to be capable of the remission of their sins , in case they do not want that faith in their common saviour which is required thereunto . and here i should have left this point , but that i must first desire dr. bernard to reconcile these two passages which i find in the lord primates letter of the year 1617. in one of which he seems to dislike of their opinion , who contract the riches of christs satisfaction into too narrow a room ; as if none had any kind of interess therein , but such as were elected before the foundation of the world , as before was said . and in the other he declares , that he is well assured , that our saviour hath obtained at the hands of his father reconciliation , and forgiveness of sins , not for the reprobate , but elect onely , p. 21. let dr. bernard reconcile these so different passages , & erit mihi magnus apollo , in the poets language . if the lord primate did subscribe the articles of the church of england , as doctor bernard saies he did , p. 118. i know who may be better blam'd for breaking his subscription , then he whom the lord primate hath accused for it , p. 110. for in the second article of the church of england , it is said expresly that christ suffered , was crucified , dead , and buried , to reconcile his father to us , and to be a sacrifice , not onely for original guilt , but also for the actual sins of men . in which as well the sacrifice , as the effect and fruit thereof , which is the reconciliation of mankind to god the father , is delivered in general terms , without any restriction put upon them ; neither the sacrifice , nor the reconciliation being restrained to this man or that man , some certain quidams of their own , whom they pass commonly by the name of gods elect. the sacrifice being made for the sins of men , of men indefinitely without limitation , is not to be confined to some few men onely , as the general current of the calvinian divines have been pleased to make it ; as if christ really and intentionally died for none but them . 4. the church of england doth maintain that christ is truly and really present in the sacrament of his most precious body and blood . which doctrine of a real presence is first concluded from the words of the distribution , retained in the first liturgy of king edward the sixth , and formerly prescribed to be used in the ancient missals , viz. the body of our lord jesus christ which was given for thee , preserve thy body and soul unto life everlasting . the blood of our lord jesus christ , &c. which words being thought by some precise and scrupulous persons to incline too much towards transubstantiation ( and therefore not unfit to justifie a real presence ) were quite omitted in the second liturgy of that king , anno 1552. whe● dudly of northumberland , who favoured the calvinian party carried all before him ; the void place being filled up with th● words of the participation , viz. take and eat this in remembrance that christ died for thee , &c. take and drink this in remembrance , &c. an alteration not well grounded , and of short continuance . for when that book was brought under a review , in the first year of the reign of queen elizabeth , those words of the distribution were re●●ored to their former place , and followed by those of the participation , as it still continueth . it is proved secondly by that passage in the publick catechisme , in which the party catechized is taught to say , that the body and blood of christ are verily and indeed taken and received of the faithful in the lords supper . now if a question should be made , what the church means by verily and indeed in the former passage , it must be answered that she means , that christ is truly and really present in that blessed sacrament , as before was said ; the words being rendered thus in the latine translation , viz. corpus & sanguis domini quae vere & realiter exhibentur , &c. verily and indeed , as the english hath it , the same with vere and realiter ( that is to say , truly and really ) as it is in the latine . and thirdly , this appears to be the doctrine of this church , by the most orthodox and learned prelates of the same , the words of three of which only i shall now produce , that out of the mouths of two or three witnesses the truth hereof may be established . god forbid ( saith bishop bilson ) we should deny that the flesh and blood of christ are truly present , and truly received of the faithful at the lords table . it is the doctrine that we teach others , and comfort our selves withal . secondly , bishop morton , as great an enemy to the superstitions of the romish mass as ever wrote against it , doth expresly say , that the question is not concerning a real presence , which protestants , as their own jesuites witness , do also profess : fortunatus a protestant , holding , that christ is in the sacrament most really , verissime , realissimeque , as his own words are . but none more positively and clearly , then doctor lancelor andrews then lord bishop of chichester , who in his apology written in answer to cardinal bellarmin , thus declares himself , as one , and one of the chief members of the church of england , viz. praesentiam credimus non minus quam vos veram , de modo praesentiae nil temere definimus . we acknowledge ( saith he ) a presence as true and real as you do , but we determine nothing rashly of the manner of it . and in his answer to the eighteenth chapter of cardinal perrons reply , he thus speaks of zuinglius . it is well known , saith he , that zuinglius to avoid est ( in these words , hoc est corpus meum ) in the church of romes sense , fell to be all for significat , and nothing for est at all : and whatsoever went farther then significat , he took to savour of the carnal presence . for which if the cardinal mislike him , so do we ; a further declaration of the true sense and meaning of the church in this particular we have from mr. alexander noel , dean of saint pauls , and prolocutor of the convocation in the year 1562. when the articles , or confession of this church were approved and ratified ; who in his catechism publickly allowed to be taught in all the grammar schools of this realm , thus resolves the point . the question is , coelestis pars , & ab omni sensu externo longe disjuncta , quaenam est ? that is to say , what is the heavenly or spiritual part of the sacrament of the lords supper ? to which the party catechised returns this answer . corpus & sanguis christi quae fidelibus in coena dominica praebentur , ab illisque accipiuntur , comeduntur , & bibuntur , coelesti tantum & spirituali modo , vere tamen atque reipsa ; id est , the heavenly or spiritual part is the body and blood of christ which are given to the faithful in the lords supper , and are taken , eaten , and drank by them ; which though it be onely in an heavenly and spiritual manner , yet are they both given and taken truly and really , or in very deed , by gods faithful people by which it seems , that it is agreed on on both sides ( that is to say , the church of england and the church of rome ) that there is a true and real presence of christ in the holy eucharist , the disagreement being onely in the modus praesentiae . but on the contrary , the lord primate in his answer to the jesuits challenge , hath written one whole chapter against the real presence of christ in the sacrament ; in which though he would seem to aim at the church of rome ( though by that church not onely the reall presence of christ in the sacrament , but the corporal eating of his body is maintained and taught ) yet doth he strike obliquely and on the by on the church of england . all that he doth allow concerning the real presence is no more then this , viz. that in the receiving of the blessed sacrament , we are to distinguish between the outward and th● inward action of the communicant . in the outward , wi●● our bodily mouth we receive really the visible elements of bread and wine ; in the inward , we do by faith really receive the body and blood of our lord , that is to say , we are truely and indeed made partakers of christ crucified , to the spiritual strengthning of our inward man. which is no more then any calvinist in the pack ( which either do not understand , or wilfully oppose the doctrines of the church of england ) will stick to say . 5. the church of england teacheth that the priest hath power to forgive sins , as may be easily proved by three several arguments , not very easie to be answered . the first is from those solemn words , used in the ordination of the priest or presbyter , that is to say , receive the holy ghost , whose sins ye forgive they are forgiven , and whose sins ye retain they are retained . which were a gross prophanation of the words of our lord and saviour , and a meer mockery of the priest , if no such power were given unto him as is there affirmed . the second argument is taken from one of the exhortations before the communion , where we find it thus , viz. and because it is requisite that no man should come to the holy communion , but with a full trust in gods mercy , and with a quiet conscience : therefore if there be any of you , which by the means aforesaid cannot quiet his own conscience , but requireth further comfort or counsel , then let him come to me or to some other discreet and learned minister of gods word , and open his grief , that he may receive such ghostly counsel , advice and comfort , as his conscience may be relieved , and that by the ministry of gods word , he may receive comfort , and the benefit of absolution , to the quieting of his conscience , and avoiding of all scruple and doubtfulness . the third and most material proof we have in the form prescribed for the visitation of the sick ; in which it is required that after the sick person hath made a confession of his faith , and profest himselfe to be in charity with all men , he shall then make a special confession if he feel his conscience troubled with any weighty matter . and then it followeth , that after such confession , the minister shall absolve him in this manner , viz. our lord jesus christ , who hath left power to his church to absolve all sinners which truly repent and believe in him , of his great mercy forgive thee thine offences : and by his authority committed to me , i absolve thee from all thy sins ; in the name of the father , and of the son , and of the holy ghost , amen . of the first of these three places , deduced all of them from the best monuments and records of the church of england , the lord primate takes notice in his answer to the jesuites challenge , p. 109. where he treatech purposely of the priests power to forgive sins , but gives us such a gloss upon it , as utterly subverts as well the doctrine of this church in that particular , as her purpose in it : and of the second he takes notice , p. 81. where he speaks purposely of confession , but gives us such a gloss upon that also as he did on the other . but of the third , which is more positive and material then the other two , he is not pleased to take any notice at all , as if no such doctrine were either taught by the church of england , or no such power had been ever exercised by the ministers of it . for in the canvassing of this point , he declares sometimes that the priest doth forgive sins onely declarative , by the way of declaration only , when on the consideration of the true faith , and sincere repentance of the party penitent , he doth declare unto him in the name of god , that his sins are pardoned : and sometimes that the priest forgives sins only optativè , by the way of prayers and intercession ; when on the like consideration he makes his prayers unto god , that the sins of the penitent may be pardoned . neither of which comes up unto the doctrine of the church of england , which holdeth that the priest forgiveth sins authoritativè , by vertue of a power committed to him by our lord and saviour . that the supreme power of forgiving sins is in god alone , against whose divine majesty all sins , of what sort soever , may be truly said to be committed , was never questioned by any which pretended to the christian faith . the power which is given to the priest is but a delegated gower , such as is exercised by judges under soveraign princes ( where they are not tied unto the verdict of twelve men , as with us in england ) who by the power committed to them in their several circuits and divisions , do actually absolve the party which is brought before them , if on good proof they find him innocent of the crimes which he stands accused for , and so discharge him of his irons . and such a power as this , i say , is both given to , and exercised by the priests or presbyters in the church of england . for if they did forgive sins onely declarativè , that form of absolution which follows the general confession in the beginning of the common-prayer-book , would have been sufficient , that is to say , almighty god , the father of our lord jesus christ , which desireth not the death of a sinner , but rather that he may turn from his wickedness and live ; and hath given power and commandment to his ministers to declare and pronounce to his people being penitent , the absolution and remission of their sins ; and pardoneth and absolveth all them which truly repent , and unfainedly believe his holy gospel . or if he did forgive sins onely optativè , in the way of prayers and intercession , there could not be a better way of absolution , then that which is prescribed to be used by the priest or bishop , after the general confession made by such as are to receive the communion , viz. almighty god our heavenly father , who of his great mercy hath promised forgiveness of sins to all them which with hearty repentance and true faith turn unto him ; have mercy upon you , pardon and deliver you from all your sins , and confirm and strengthen you in all goodness , and bring you to everlasting life , through jesus christ our lord. amen . or else the first clause in the form of absolution used at the visitation of the sick , would have served the turn , that is to say , our lord jesus christ , who hath left power to his church to absolve all sinners which truely repent , and believe in him , of his great mercy forgive thee thine offences . and there could be no reason at all imaginable , why the next clause should be superadded to this prayer , viz. and by his authority committed to me , i absolve thee from all thy sins , &c. if the priest did not forgive sins authoritativè , by such a delegated and commissionated power as before we spake of . and that this is the doctrine and intent of the church of england , appears by the acknowledgement of two learned men of the opposite faction . for thus saith one of the great sticklers for the church of rome , viz. hereunto is also pertinent the doctrine of those protestants , who hold , that priests have power , not onely to pronounce , but to give remission of sins . yea , it seemeth to be the doctrine of the communion-book , in the visitation of the sick ; where the priest saith , and by his authority committed unto me , i absolve thee from all thy sins . then which there could not come a clearer testimony from the mouth of an adversary . and for the other side i will take dr. lewis bayley ( afterwards bishop of bangor ) a man precise enough as to the perpetual morality of the lords day sabbath , and calvinist enough in some other tenets of that rigid sect ; and yet this man in his book called the practice of piety , not onely doth advise his sick penitent to send in time for some godly minister , to whom he may unfold his griefs & confess his sins , that so he may receive the benefit of absolution ; but tells him , that then he should not doubt in foro conscientiae , but that his sins be as verily forgiven on earth , as if he did hear christ himself , in foro judicii , pronouncing them to be forgiven in heaven . and this he doth exemplifie in doctor reynolds , the ablest and most learned man of all that shewed themselves on the puritan party , who being on his death-bed , did earnestly desire to receive the benefit of sacerdotal absolution , according to the form prescribed in the book of common-prayer , and humbly received it at the hands of dr. holland , the kings professor in divinity in the university of oxon , for the time then being ; and when he was not able to express his joy & thankfulness in the way of speech , did most affectionatly kiss the hand that gave it : and yet this doctor had not only a chief hand in the millenary petition ( as they commonly called it ) presented to k. james at his first coming to this crown , wherein they excepted not only against the use , but the very name of absolution , as being a forinsecal word which they desired to have corrected ; but managed the whole busines of it at hampton court. and this he did with such fidelity and zeal , that to give that party some contentment , it was ordered in the conference there , that to the word absolution in the rubrick following the general confession , these words , remission of sins , should be added for explanation sake , as it stil continueth : so powerful an orator is death , as to perswade men in extremities of sickness to apply those remedies , which in the times of health , they neither thought lawful nor convenient to be used in such extremities . 7. but to proceed ; in the article of christs descending into hell , the church of england doth maintain a local descent , that is to say , that the soul of christ , at such time as his body lay in the grave , did locally descend into the nethermost parts , in which the devil and his angels are reserved in everlasting chains of darkness , unto the judgment of the great & terrible day . this proved at large by bishop bilson in his learned and laborious work , entituled , the survey of christ's sufferings ; in which he hath amassed together whatsoever the fathers , greek and latine , or any of the ancient writers have affirmed of this article , with all the points and branches which depend upon it . and that this was the meaning of the first reformers , when this article amongst others was first agreed upon in the convocation of the year 1552. appears by that passage of s. peter , which is cited by them touching christs preaching to the spirits which were in prison . and though that passage be left out of the present article , according as it passed in the convocation of the year 1562. yet cannot that be used as an argument to prove that the church hath altered her judgment in that point , as some men would have it ; that passage being left out for these reasons following : for first , that passage was conceived to make the article too inclinable to the doctrine of the church of rome , which makes the chief end of christs descent into hell , to be the fetching thence the souls of the fathers who died before and under the law ; and secondly , because it was conceived by some learned men , that the text was capable of some other construction than to be used for an argument of this descent . the judgment of the church continueth still the same as before it was , and is as plain and positive for a local descent , as ever formerly : she had not else left this article in the same place in which she found it , or given it the same distinct title as before it had ; viz. de descensu christi ad inferos , in the latine copies of king edward the sixth , that is to say , of the going down of christ into hell , as in the english copies of queen elizabeths reign . nor indeed was there any reason why this article should have any distinct place or title at all , unlesse the maintenance of a local descent were intended by it . for having spoken in the former article of christs suffering , crucifying , death and burial , it had been a very great impertinency ( not to call it worse ) to make a distinct article of his descending into hell , if to descend into hell did signifie the same with this being buried , as some men then fancied , or that there were not in it some further meaning which might deserve a place distinct from his death and burial . the article speaking thus , viz. as christ died for us , and was buried , so is it to be believed that he went down into hell , is either to be understood of a local descent , or else we are tied to believe nothing by it but what was explicitely or implicitely comprehended in the former article . now that this is the churches meaning cannot be better manifested then in the words of mr. alexander noel before mentioned , who being prolocutor of the convocation in the year 1562. when this article was disputed , approved , and ratified , cannot in reason be supposed to be ignorant of the true sense and meaning of this church in that particular . and he accordingly in his catechism publickly allowed of with reference to a local descent , doth declare it thus , viz. ut christus corpore in terrae viscera , ita anima corpore separata ad inferos descendit , pariterque mortis ejus vis ad mortuos inferosque adeo ipsos usque eò permanavit , ut & animae incredulorum tristissimae ipsorum incredulitati maximè debitae condemnationis sensum perciperent , ipseque satanas inferorum princeps , tyrannidis suae & tenebrarum potentiam omnem afflictam , profligatam , & ruina oppressam esse animad verteret . id est , as christ descended in his body into the bowels of the earth , so in his soul separated from that body he descended also into hell , by means whereof the power and efficacy of his death was not made known onely to the dead , but the divels themselves ; insomuch that both the souls of the unbelievers did sensibly perceive that condemnation which was most justly due to them for their incredulity , and satan himself the prince of divels , did as plainly see that his tyrannie and all the powers of darknesse were opprest , ruined , and destroyed . but on the contrary , the lord primate alloweth not any such local descent as is maintained by the church , and defended by the most learned members of it , who have left us any thing in writing about this article . and yet he neither follows the opinion of calvin himself , nor of the generality of those of the calvinian party , who herein differ from their master ; but goes a new way of a later discovery , in which although he had few leaders , he hath found many followers . by christs descending into hell , he would have nothing else to be understood , but his continuing in the state of separation between the body and the soul , his remaining under the power of death during the time that he lay buried in the grave ; which is no more in effect , though it differ somewhat in the terms , then to say , that he died and was buried , and rose not till the third day , as the creed instructs us . and yet to set out this opinion to the best advantage , he hath laid out more cost upon it , then upon all the rest of his answer to the jesuits challenge , thronging together so many citations concerning the word hades , out of old greek authors , so many critical observations on their words and phrases , out of grammarians , scholiasts , and etymologists , as serve abundantly both to amaze the ignorant , and to confound the learned . nothing lesse meant in all those collections , then to assert the doctrine of the church of england in this particular , no more then he hath done in the other points before remembred , though all of them are either to be found in the book of articles , to which he had subscribed , as doctor bernard hath informed us , p. 118. or in the book of common prayer which he was bound to conform himself unto , both in judgment and practice , as being impos'd by act of parliament on the church of ireland . 7. i should now proceed to see what difference there is between the doctrine of the church of england and the lord primates own judgment in the point of free-will , which he hath given us in his answer to the jesuits challenge p. 464. but because that point hath some relation to the nine articles of lambeth , i shall take no other notice of it , then as it is comprehended in those articles ; in the defence whereof the lord primate did appear with so great affection as made him very gracious in the eyes of the calvinian party both at home and abroad . but this together with the little esteem he had of the orders , rites and ceremonies of the church of england , is left to be the subject of the following section . sect . xi . the articles of lambeth when made , and on what occasion ; dislik't and supprest by queen elizabeth , and rejected by king james at the conference at hampton-court ; countenanced and defended by the lord primate , who for so doing is much honoured by the english puritans . the history of goteschalcus publisht by him , and the great thanks he received for it from doctor twisse . what else it was that made the lord primate so esteemed by the brethren here . his inconformity to the orders , rites , and ceremonies of the church of england in six particulars . we are informed by doctor bernard , that the lord ▪ primate did fully approve the articles of religion of the church of england in points of doctrine , as the same more enlarged in the articles of ireland ; and that he also did approve the discipline and constitution of both churches , p. 144. by which if doctor bernard means that the articles of england were the same with those of the church of ireland ( though more enlarged in theirs of ireland , than in ours of england ) he is much mistaken , there being many things contained in the articles of the church of ireland extremely differing from the doctrine of the church of england , as shall be shewn particularly in a place more proper . but because the lord primate is no otherwise concerned therein then in relation to the nine articles of lambeth , which are incorporated and contained in those of ireland , i shall confine my self precisely unto that particular . and i shall find enough in that to shew the lord primates further differences from the church of england ; those articles containing all the calvinian rigours in the points of praedestination , grace , free-will , &c. which have produced so much disturbance in these parts of christendom . those articles first occasioned by some differences which arose in cambridge between doctor whitaker the queens professor , and doctor peter baro the lady margarets professor in that university ; agreed on at a private meeting in lambeth-house , anno 1595. none but the lord arch-bishop of canterbury , the bishop elect of london , and the bishop of bangor , with some learned men of doctor whitakers own party being present at it ; and being so made were sent to cambridge , rather to silence doctor baro , than to compose the differences by any equal expedient . so that being made on a particular occasion , at a private meeting , and by men not impowered to any such purpose , they were never looked on otherwise , than as private opinions , not as the tendries of this church . so far disliked by q. elizabeth when she first heard of them , that they were presently supprest by her command , and so supprest , that we hear no more news of them till the conference at hampton-court , where they found no better entertainment from the hands of king james : for doctor reinolds having mov'd that the nine orthodoxal assertions ( as he called them ) which were made at lambeth might be added to the articles of the church of england ; the motion was not onely opposed by the bishops , but denied by the king : opposed by the bishops by reason of their inconsistency with the doctrine of the church of england ; denied and rejected by the king , because he held the matters therein contained to be fitter for the publick schools than the book of articles . but on the contrary , the lord primate alwayes shewed himself in favour of those articles , those orthodoxal assertions , as the doctor called them , praetermitting no occasion to defend and countenance them , and to that end caused them to be inserted into the articles of the church of ireland , anno 1615. for if we may believe dr. bernard ( as in this case questionless we may ) it was his doing that these nine articles of lambeth together wth the precise observance of the new lords-day-sabbath , a different explication of the article of christs descent into hell , from that allowed of by this church , and almost all the other heterodoxies of the sect of calvin , were interserted and incorporated into the articles of ireland : we being told by doctor bernard in the history of his life and death , p. 49. that in the convocation held at dublin anno 1615. he being then a member of that synod , was appointed to draw up those articles , which then and there were approved and ratified for the establisht doctrine of the church of ireland . this did he towards the advancing of the calvinian doctrines in his own native countrey , and for so doing was much flattered and applauded by the english calvinists as the chief patron of the cause , the cause of god , as some of them were pleased to call it . vissius , a divine of the low countreys , publisht a book entituled , the pelagian history , demonstrating therein that the fathers , and other ancient writers , in their several ages , maintained successively those opinions in the matters of predestination , and the points depending thereupon , as the remonstrants ( or arminians , as some call them ) did in the belgick churches . a book which suddenly grew into great reputation with most knowing and unbiassed men , who had not been before engaged in the present quarrels . and thereupon to give a stop to it in the middle of its full carere , the lord primate published the history of goteschalcus ; of which thus doctor twisse in his letter to the lord primate of the 29. of may 1640. where having first spoken of his singular piety and wisdom in reference to the necessitous condition of those times , in inserting the history of pelagius in his book de primordiis ecclesiarum britannicarum , so opportunely coming in his way ; he after addeth , that his history of goteschalcus was a piece of the like nature , and that it came out most seasonably in respect of vossius ; for the relieving of whose credit thereupon , there had been many meetings by some in london , that by the coming forth of that piece , he was the better inabled in the pursuit of his answer to corvinus , which he was in hand with , and to meet with the dictates of n. n. who endeavoured to justifie some conceit of vossius , but upon very weak grounds . thus ( saith he ) i have observed with comfort the hand of god to have gone along with your grace , for the honouring the cause of his truth , in so precious a point as is the glory of his grace . and i nothing doubt but the same hand of our good god will be with you still , and his wisdom will appear in all things you undertake , whether of your own choice , or upon the motion of others . so he ; and in him we may partly see the minds of the rest . but there was somewhat else which did as much indear him to that party , as the nine articles of lambeth , namely the little esteem he had of the orders , rites , and ceremonies of the church of england , which made him so agreeable to them , that they plied him with continual letters when he was in ireland , doctor bernard telling us ( and i dare take it on his word ) that he had seen divers letters wrote unto him from those who were aspersed with the name of puritans , full of respect and large expressions of their love to him , p. 160. and at his comings into england he was much visited by the grandees and learned men of that faction ; not that they found any reason to make use of him for design and counsel , but partly for the reputation which he brought with him to the cause ; and partly for the benefit they received by conferring with him , who was indeed a walking concordance , and a living library . nor was he less courted by their followers , the lay-brethren also ; by whom he was caressed , complemented , feasted wheresoever he came , many good people being admitted to those meetings as well to feed on his discourses , as to fill their bellies . for though doctor bernard please to tell us that the lord primate did approve the discipline and constitutions of both churches , yet when he comes unto particulars he confutes himself ; giving us gratis several instances which are but sorry proofs of such approbation : whether we look upon the canons of the church of england separately and in themselves , or on the publick liturgy also , which though first fitted for the use and edification of the church of england , were afterwards imposed by act of parliament in that kingdom on the church of ireland . in the particulars whereof we shall go no further then doctor bernard doth conduct us . first then , it is appointed by one rubrick in the liturgy or common-prayer book , that all priests and deacons shall be bound to say daily the morning and evening prayer either privately or openly , except they be let by preaching , studying of divinity , or some other urgent cause : and in the rest it is directed in what course and order , the said morning and evening prayer is to be officiated , on what dayes the letany is to be said or sung ; as also upon what dayes the communion-service is to be used , and in what part of that service the sermon is to have its place , and what other parts of that service are to follow after it . which last observance being neglected by some who would not tie themselves unto any rule by others , because being lecturers onely , they were not charged with cure of souls , it was required by king charles in some instructions which he sent to all the bishops severally and respectively in the realm of england anno 1628. that every lecturer should read the divine service , according to the liturgy printed by authority , in his surplice and hood before the lecture . but on the contrary doctor bernard tells us of the lord primate , that he was not so rigid , as to tie all men in the private , to an absolute necessary use of it , or in the publick , that a sermon was not to be heard , unlesse that did precede , p. 145. he took great care ( as doctor bernard hath informed us p. 155. ) for the often publick reading of the ten commandments and the creed before the congregation , according to the custome of other reformed churches , of which care there had been no need , if the publick liturgy had been read as it ought to be , as well the commandments as the creed being appointed to be read publickly in the course thereof . but being it is said with reference to the reformed churches , i want reason to believe that the often publick reading of the commandments and the creed supplied the place of the publick liturgy on the dayes of preaching , according to the custome of some of the reformed churches which were therein imitated . secondly , it is appointed by the liturgy or common-prayer-book of both churches what dayes should be accounted holy , and observed as festivals , each of them having their several lessons , collects , epistles and gospels , as well the sunday or lords day it selfe , or as the greater festivals of easter and whitsuntide , or those of the ascension and nativity of our lord and saviour . no difference made between them ( except it be the addition of some proper psalmes to some special festivals ) in the intent and purpose of the publick liturgies . but whether the lord primate observed all these several holy dayes which the church allows of , and in such manner as is prescribed by the church , may be very well doubted . it s true , that doctor bernard tells us , that it was the lord primates judgement and opinion , that the annual commemorations of the articles of the faith , such as the nativity , passion , resurrection of our saviour , &c. were still to be observed ( which saint austin saith in his time were in use through the whole catholick church of christ ) and is now in other reformed churches , as a means to keep them in the memory of the vulgar , according to the pattern of gods injunction to the israelites in the old testament , for the types of them , as appeared by his then constant preaching on those subjects , p. 152. but then it is as true withal , that doctor bernard tells us nothing of the lord primates observation of the other holy dayes , as certainly he would have done , had there been ground for it . and therefore if the lord primate were so punctual in keeping the anniversaries of the nativity , passion , resurrection and ascension of our lord and saviour , and of the coming down of the holy ghost , as doctor bernard saith he was ; it may be probably conceived , that this was done rather in compliance with some of the forraign reformed churches , which observe those dayes , and those dayes onely , than in obedience to the prescripts of the churches of england and ireland . thirdly , the day of the passion of our saviour , commonly called goodfriday , is by both churches reckoned for jejunium statum , a standing , though but an annual fast , as well as lent , the ember dayes , and rogation week ; and hath its proper and distinct office , that is to say , its proper lessons , collect , epistle , and gospel , accommodated to the day , and every way instructive in the story of our saviours passion . and it is ordered by the thirteenth canon of the year 1603. that all ministers shall observe the orders , rites , and ceremonies prescribed in the book of common-prayer , as well in reading the holy scriptures , and saying of prayers , as in administration of the sacraments , without either diminishing in regard of preaching , or in any other respect , or adding any thing in the matter and form thereof . but on the contrary doctor bernard telleth us , that the friday before easter ( good friday by no means , take heed of that ) appointed for the remembrance of the passion of our saviour , was by the lord primate at droghedah in ireland , observed duly as a solemn fast , inclining the rather to that choice ( that is to say , of making it a solemn , not a standing fast ) out of prudence and the security from censure , by the then custome of having sermons beyond their ordinary limit in england ; and that when the publick prayers were ended , ( that is to say , so much of the publick prayers as might be no hindrance to his preaching ) be preached upon that subject , extending himself in prayer and sermon beyond his ordinary time ; which being known to be his constant custom , some from dublin , as other parts , came to partake of it , p. 154. fourthly , by the 55. canon of the year 1603. there is a form of prayer prescribed to be used by preachers before their sermons , the beginning of which canon is as followeth , viz. before all sermons , lectures and homilies , preachers and ministers shall move the people to joyn with them in prayer in this form , or to this effect , as briefly as conveniently they may . ye shall pray for christs holy catholick church , &c. but on the contrary doctor bernard tells us of the lord primate , that he did not onely spin out his own prayers to a more then ordinary length , as appeareth by the former passage ; but that he was also much for the ministers improving of their gifts and abilities in prayer before sermon and after , according to his own practice , p. 150. and that he required the like extemporary and unpremeditated prayers of his houshold chaplains in his family-prayers at six of the clock in the morning , and at eight at night . fifthly , it is appointed by the eighteenth canon of the year 1603. that as often as in the divine service the lord jesus shall be mentioned , due and lowly reverence shall be done by all persons present , as it hath been accustomed ; testifying by these outward ceremonies & gestures , their inward humility , christian resolution , and due acknowledgment , that the lord jesus christ , the true and eternal son of god , is the onely saviour of the world , in whom alone all mercies , graces , and promises of god to mankind , for this life , and the life to come , are fully and wholly comprised . but on the contrary doctor bernard tells us of the lord primate , p. 147. that as for bowing at the name of jesus , though he censured not those that did , either in our or other reformed churches , according to the custome of each ( which we of england must needs take for a special favour ) yet he did not conceive the injunction of it could be founded upon that of the apostle , phil. 2. 10. and wondered at some learned mens assertions , that it was the exposition of all the fathers upon it ; ( a touch for doctor andrews , the late learned and most renowned bishop of winchester : ) and as the wise composers of the liturgy gave no direct injunction for it there ; so in ireland he withstood the putting of it into the canon , anno 1634. sixthly , it is appointed by the said eighteenth canon of the year , 1603. that no man shall cover his head in the church or chappel in the time of divine service ( whereof i hope the sermon did deserve to be accounted part ) except he have some infirmity , in which case let him wear a night-cap or coif ; and in the seventh canon of the year 1640. that all good and well-affected people , members of this church , be ready to tender their acknowledgement unto the lord ( in whose house they are ) by doing reverence and obeisance at their coming in and going out of the church , chancel or chappel , according to the most ancient custome of the primitive church in the purest times , and of this church also for many years in the reign of queen elizabeth ▪ what low esteem the lord primate had of these two canons , and how little he conformed himself to the tenour and intent thereof , might be easily proved , but that i am to go no further in these particulars , then doctor bernard doth conduct me . all therefore i shall adde is this , that though these canons did not bind the lord primate unto any observance when he was in ireland ; yet at such time as he was in england , and constantly repaired to one church or other , he was obliged both in obedience to the law , and for the avoiding of scandal , to conform unto them . cum romae sum jejuno sabbato , cum hic sum non jejuno sabbato , was the rule and practice of saint ambrose , who was not only arch-bishop of millan , but perhaps lord primate of the diocess of italy also . all this considered , doctor bernard needed not to have told us of him , that he did not affect some arbitrary innovations , not within the compass of the rule and order of the book ; and that he did not take upon him to introduce any rite or ceremony upon his own opinion of decency , till the church had judged it so . p. 147. it was too manifest by that which hath been said before , that there were no works of supererogation to be lookt for from him . it had been well if he had readily observed what was commanded in the book ( as doctor bernard sayes he did when he was in ireland , and had applyed himself to those decencies which the church had judged to be fit , when he was i● england . nor needed so much boast be made of his conformity to the discipline , liturgy , and articles of the church of england ; or that many of those who were asperst by the name of puritans , received such satisfaction from him , as to concur with him in the above said particulars . p. 160. for this might very well be done , and yet the men remain as unconformable to the rules of the church ( their kneeling at the communion excepted onely ) as they were before . matters which had not now been brought to the publick view , if doctor bernard had not given as well the hints , as the occasion for these discoveries . so that it may be truly said in the words of tacitus , though not altogether in his meaning , pessimum inimicorum genus laudantes , * viz. that the panegyrist is sometimes a mans greatest enemy : unless perhaps it might be doctor bernards purpose to set forth the lord primate as the pattern of a complete prelate ( as xenophon set forth his cyrus for the example of a gallant and perfect prince ) by telling us rather what he should have been , then what he was . finally , whereas the doctor tells us that each party had a great and reverent opinion of him , p. 163. i am sorry that any part of it should be lost by this unlucky adventure , this most unseasonable publishing of his private letters . for my part , i had no intent of saying any thing to lessen that great and reverent opinion which each party had of him , and am sorry that doctor bernard hath provoked me to say so much . and so i lay him down again in the bed of peace , desiring heartily ut placida compostus morte quiescat , that he may rest in quiet there , without more disturbances . sect . xii . doctor bernards endevour to revive the old quarrel touching the lord primate and the earl of strafford ; the answerers resolution not to engage himself therein . the canon of the year 1634. for the approving and receiving of the articles of the church of england . a recapitulation of the arguments used by the observator , to prove that the superinducing of the articles of the church of england was a repealing of the articles of ireland . doctor bernards weak answers to those arguments , and his weaker arguments to prove the contrary . the difference between the articles of england and ireland consists not onely in some circumstantials , as doctor bernard would fain have it . a view of some material and substantial differences between those articles . the conclusion of the whole discourse . and now we are come to doctor bernard , who promising no more then the confirmation of something which the lord primate had written in one of his letters , viz. that the articles of ireland were not called in anno 1634. as doctor heylyn had affirmed , p. 173. must needs go somewhat out of his way , to hook in the remembrance of some former quarrels which doctor heylyn had forgotten , and is not now willing to remember . the author of the book called extraneus vapulans , whosoever he was , declares himself unwilling to receive that question , whether the lord primate had any sharp tooth against the lord lieutenant or not , in regard the parties were both dead , and all displeasures buried in the same grave with them , p. 292. he also wished that the doctor by his panegyrick had not awakened those enquiries , which were like to be so little advantagious to the memory of that learned prelate , p. 296. and finally conceived , that doctor bernard would have done that reverend person , and himself some right , if he had suffered such enquiries to die with the parties most concerned in them , without reviving them again by his double diligence , p. 298. which passages if doctor bernard had laid to heart , he would not so unseasonably have endevoured to revive that quarrel , and brought doctor heylyn on the stage , provoking him by several wayes to resume that argument , which he had long since laid aside , and is resolved upon no provocation whatsoever to take up again . he hath laid the lord primate down again in the bed of peace , and will not raise him from it by a new disturbance . but whereas doctor bernard tells us that it is left to the prudence of a third person ( who hath a convenient opportunity in his history ) to clear the whole , in the examination and moderation of all the passages between mr. l'estrange and him , p. 114. that third person , whosoever he is , must be very prudent , if he can carry the matter so , and with such moderation , as not to give offence to both parties , and be called to an account by each of them for his examination . for so it hapneth many times , that he who voluntarily steps in to part a fray between two persons , gets some knocks on both sides , at the least from one . and therefore it was well resolved by one of the old heathen philosophers , se nolle inter duos amicos arbitrum esse &c. that he vvould never arbitrate any business betvveen tvvo of his friends , because he vvas sure that by his so doing , he must make one of them to become his enemy . the preamble of doctor bernard being thus passed over , we next proceed unto the confirmation which he hath in hand . and therein also pretermitting his whole narrative , touching the carriage of the business in the convocation of the year 1634. we will pitch only on the examination of this point , viz. whether the superinducing of the articles of the church of england were not a virtual repealing of the articles of the church of ireland . and for the better proceeding in it , i think it not unnecessary to produce that canon , which is the ground of the dispute . the title of it this , viz. of the agreement of the church of england and ireland , in the profession of the same christian faith . the body of it this , viz. for the manifestation of our agreement with the church of england in the confession of the same christian faith and doctrine of the sacraments ; we do receive and approve the book of articles of religion , agreed upon by the arch-bishops and bishops , and the whole clergy , in the whole convocation holden at london , anno dom. 1562. for avoiding of the diversities of opinions , and for the establishing of consent touching true religion . and therefore if any hereafter shall affirm that any of those articles are in any part superstitious or erroneous , or such as he may not with a good conscience subscribe unto ; let him be excommunicated , and not absolved , before he make a publick revocation of his error . these are the very words of the canon it selfe , and from these words the observator did conclude that the articles of england were received in stead of the other ; but doctor bernard makes this construction of the canon , that there was not a reception of the one in stead of the other , but the one with the other , p. 119. that in the canon the articles of england are received not in stead , but with those of ireland , p. 120. but which of the two is in the right will be best seen by the arguments produced on both sides , and by the answers which are made to those several arguments . and first the observator takes notice of some scandal given unto the papists , and the occasion of some derisions which they had thereby , that in the churches of three kingdoms professing the same religion , & being under the patronage of one soveraign prince , there should be three distinct ( and in some points contrary ) confessions ; and that for the avoiding of this scandal , it was thought fit there should be one confession , or one book of articles onely for the churches of england and ireland , not without hope that scotland would soon follow after . and thereupon he doth infer , that if the superinducing or receiving of a new confession be not a repealing of the old , there must be two confessions in the same church differing in many points from one another . which would have been so far from creating an uniformity of belief between the churches , and taking away thereby the matter of derision which was given the papists , in two distinct ( and in some points contrary ) confessions , yet both pretending unto one and the same religion ; that it would rather have increased their scorn , and made a greater disagreement in ireland it selfe , then was before between the churches of both kingdoms . the second argument is taken from these words of saint paul , heb. 8. 13. viz. dicendo novum veteravit prius , &c. that is to say , in that he saith a new covenant , he hath made the first old , as our english reads it , and then it followeth , that that which decayeth and waxeth old is ready to vanish away , that is to say , the old being disanulled by the new , there must necessarily follow the abolishment of its use and practice . so that unless it may be thought , that saint paul was out in his logick , as i think it may not , the superinducing of a new covenant must be the abrogating of the old . his third argument is taken from the abrogation of the jewish sabbath by superinducing of the lords day for the day of worship ; by means whereof , the sabbath was lessened in authority and reputation by little and little , and in short time vvas absolutely laid aside in the church of christ ; the fourth commandment , by vvhich it vvas at first ordained , being still in force . his fourth and last argument vvas , that the first liturgy of king edward the sixth confirmed in parliament , vvith several penalties to those vvho should refuse to officiate by it , or should not diligently resort and repair unto it , as appears by the statute 2 , & 3. edw. 6. c. 1. vvas actually repealed by the authorizing of the second liturgy of the 5 , & 6. of king edw. 6. vvhich vvas forthvvith received into use and practice in all parts of the kingdom , the former liturgy being no otherwise suppressed and called in , then by the superinducing of this , the statute upon which it stood , continuing unrepealed , in full force and virtue , and many clauses of the same related to in the statute which confirmed the second . upon which ground it was inferred that the articles of ireland were virtually , though not formally abrogated , by the superinducing of the articles of the church of england . of the first and last of these four arguments , doctor bernard takes no notice at all , and returns but one answer to the second and third , which notwithstanding may serve also for the first and last ; just as an almanack calculated for the meridian of london , may generally serve for the use of all great britain . the answer is , that the apostles speech of making void the old covenant by speaking of a new , or taking in the first day of the week to be the sabbath instead of the last , when but one of the seven was to be kept , doth not fit the case ; for in these there was a superinduction and reception of the one for the other ; but in the canon , the articles of england are received not instead , but with those of ireland ; which by his leave is not so much an answer to the observators arguments , as a plain begging of the question : for if this answer will hold good in ireland , it might have held good also in the land of judaea , and the parts adjoyning , where both the lords-day and the sabbath , the old law and the gospel , did for a time remain together . as for the doctors arguments , that the reception of the articles of the church of england doth no more argue an abrogation of the articles of ireland , than that the apostles creed was abrogated by the reception of the nicene and athanasian p. 118. it is easily answered . for as the doctor well observes , the nicene and athanasian creeds are but enlargements of the other , and that in some particular points onely in which the hereticks of those times had disturbed the peace of the church . so that those creeds are but the explanations of the other in the points disputed , and were received by the church with reference onely to the condemnation of some heresies , and the explication of some orthodox or catholick doctrines , which had been opposed by those heresies . more easily is the argument answered , importing that the reception into our use the form of the lords prayer according to s. matthew , should by the same reason abrogate that of s. luke being the shorter . for first the lords prayer as it stands in s. lukes gospel was never received into the lyturgie of the church , and therefore could not be abrogated by the churches making choice of the other which we find in s. matthew . and secondly it was not in the power of the church to have abrogated that prayer as it stands in s. luke , because it is a part of the gospel of the word of god , which the church hath no authority to change or alter , and much lesse to abrogate . all that the church can be said to have done in this particular , is that the church made choice rather of the lords prayer as it stands in s. matthew , then as it stands in s. luke , when it was absolutely in her power to make choice of either . no contrariety to be found in any one clause of the said two pater nosters , nor any the least contradiction to be met with between those three creeds , or any one article of the same , differing no otherwise in a manner but as the commentary and the text. but so it is not in the case which is now before us , nor in the supposition of making one general confession of all the reformed churches , if they were severally subscribed with the irish articles . he that subscribes unto the articles of ireland may without any doubt or scruple subscribe unto the articles or confessions of all the reformed ( or calvinian ) churches . but if he take the articles of england also into that account , he must of necessity subscribe to many plain and manifest contrarieties . against this nothing hath been said , but that there is no substantial difference between those articles , as was conceived by the lord primate p. 118. that both confessions are consistent as is affirmed by doctor bernards most eminent , learned , and judicious person , p. 121. and finally that there is no difference in substance , but onely in method , number of subjects determined , and other circumstantials , as is declared by doctor bernard p. 119. but if the contrary be proved , and that it shall appear that there is a substantial difference between those articles , that the confessions of both churches are inconsistent , and that they do not onely differ in the circumstantials of method , number , and the like ; i hope that then it will be granted that the approving and receiving of the articles of england was virtually and in effect an abrogating of the former articles of the church of ireland . and for the proof of this i shall compare some passages in the articles of ireland as they passed in convocation anno 1615. with the doctrines publickly professed in the church of england , either contained expresly and in terminis in the book of articles , or else delivered in some other publick monument of record of the church of england to which those articles relate : first then , the articles of the church of ireland have entertained and incorporated the nine articles of lambeth , containing all the calvinian rigours in the points of predestination , grace , free-will , &c. which articles , or any of them , could never find admittance in the church of england , by reason of their inconsistency with the authorized doctrines of it , as before was said : so that by the incorporating of those nine articles into the articles of ireland , there are as many aberrations from the doctrine of the church of england . secondly , it is said of christ ( num. 30. ) that for our sakes he endured most grievous torments immediately in his soul , and most painful sufferings in his body . the enduring of which grievous torments in his soul , as calvin not without some touch of blasphemy did first devise , so did he lay it down for the true sense and meaning of the article of christs descending into hell. in which expression as the articles of ireland have taken up the words of calvin , so it may rationally be conceived that they take them with his meaning and construction also ; the rather in regard that there is no particular article of christs descending into hell , as in those of england , and consequently no such doctrine of a local descent as the church of england hath maintained . thirdly it is declared ( num. 50. ) that the abstinencies which are appointed by publick order of that state , for eating of fish , and forbearing of flesh at certain times and dayes appointed , are no wayes meant to be religious fasts , nor intended for the maintenance of any superstition in the choice of meats , but are grounded meerly upon politick considerations for provision of things tending to the better preservation of the common-wealth . but the church of england not taking notice of any politick considerations , for the breeding of cattle , increase of shipping , or the like , as the statists do , ( nor intending the maintenance of any superstition in choice of meats , as the papists do ) retaineth both her weekly and her annual fasts ex vi catholicae consuetudinis , as apostolical and primitive institutions ; and she retains them also not as politick , but as religious fasts , as appears by the epistle for ash-wednesday , taken out of the second chapter of joel from verse 12. unto verse 18. and by the gospel for that day , taken out of the sixth chapter of s. matthew from verse 16. unto verse 22. and more particularly from the prayer appointed to be used on the first sunday in lent , viz. o lord , which for our sakes didst fast fourty dayes and fourty nights , give us grace to use such abstinence , that our flesh being subdued to the spirit , we may ever obey the godly motions in righteousness and true holinesse to thy honour and glory , which livest and reignest , &c. fourthly , it is affirmed num. 56. that the first day of the week which is the lords day , is wholly to be dedicated to the service of god ; and therefore we are bound to rest therein from our common and daily businesse ; and to bestow that leisure upon holy exercises , both publick and private . how contrary this is to the doctrine of the church of england in the book of homilies , we have seen already ; and if it be contrary to the book of homilies , it must be also contrary to the book of articles by which those homilies are approved , and recommended to the use of the church . besides , it is declared in the seventh of those articles , first , that the law given by moses as touching ceremonies and rites do not bind christian men , nor ought the civil precepts thereof to be received in any common-wealth ; and secondly , that no christian whatsoever is free from the obedience of the commandments which are called moral . so that the ceremonial part of the law of moses being wholly abrogated , there is no more to be observed in any of the said commandments then that which is naturally and plainly moral . for otherwise the old testament must be contrary to the new , which is denied in the first clause of this article ; and secondly , this article must be contradicted by the book of homilies , which in another of these articles is approved , as before was said . as adversaries to which truth the author of the book entitled , the faith , doctrine , and religion professed and protected in the realm of england , &c. being a commentary on the 39. articles , perused , and by the lawful authority of the church of england allowed to be publick , doth account all such as have taught and published , first , that whereas all other things were so changed , that they were clean taken away , as the priesthood , the sacrifice , and sacraments , this day ( that is ▪ the sabbath day ) was so changd that it yet remaineth ; and secondly , that the commandment of sanctifying every seventh day ( as in the mosaical decalogue ) is natural , moral , and perpetual . if so , then no such thing required of christians , as to dedicate the first day of the week wholly to the service of god , or to rest thereon from our common and dayly business , as it is positively determined in this article of the church of ireland . adde here , those desperate consequences , which have been raised by some men from these sabbath-doctrines ; it having been preacht in some of the pulpits in this kingdom ( as mr. rogers tells us in his preface to the book above mentioned ) that to do any servile work or business on the lords day , is as great a sin as to kill a man , or commit adultery ; that to throw a bowle , to make a feast , or dress a vvedding dinner on the lords day , is as great a sin , as for a man to take a knife and cut his childs throat ; and that to ring more bells then one on the lords day , is as great a sin , as to commit a wilful murder . most desperate consequents indeed , but such as naturally do arise from such dangerous premises . fifthly , it is declared , ( num. 71. ) that we ought to judg those ministers to be lawfully called and sent , which be called and chosen to the work of the ministry , by men who have publick authority given them in the church . this serves to countenance the ordination of ministers beyond the seas , ordained ( if i may so call it ) by the imposition of the hands of two lay-elders for each single presbyter , without the assistance or benediction of the bishop ; and is directly contrary to the book , entituled , the form and manner of making and consecrating bishops , priests , and deacons ; according to which book ( justified and approved by the 36. article of the church of england ) no priest or presbyter can be otherwise ordained , then by the laying on of the hands of the bishop . sixthly , it is declared ( num. 74. ) that god hath given power to his ministers , not simply to forgive sins ( which prerogative he hath reserved onely to himselfe ) but in his name to declare and pronounce unto such as truly repent , and unfainedly believe his holy gospel , the absolution and forgiveness of sins . vvhich doctrine , how contrary it is to the doctrine of the church of england , hath been shewed at large in the tenth section of this book . to which i shall now onely adde , that for the better encouragement of the penitent party , to make a true and sincere confession of his sins , that so the priest may proceed to absolution on the better grounds , it is ordered by the 113. canon of the year 1603. that if any man confess his secret and hidden sins to the minister , for the unburthening of his conscience , and to receive spiritual consolation and ease of mind from him ; the said minister shall not at any time reveale and make known to any person whatsoever any crime or offence so committed to his trust and secrecy ( except they be such crimes , as by the laws of this realm his own life may be called into question for concealing the same ) under pain of irregularity : by incurring of which pain of irregularity , he doth not onely actually forfeit all those spiritual promotions of which he is at that time possessed , but is rendered utterly uncapable of receiving any other for the time to come . seventhly , it is declared ( num. 80. ) that the bishop of rome is so far from being the supreme head of the universal church of christ , that his works and doctrine do plainly discover him to be that man of sin , foretold in the holy scriptures , whom the lord shall consume with the spirit of his mouth , and abolish with the brightness of his coming . of which opinion the lord primate also was , as is affirmed by doctor bernard , p. 162. where he telleth , that the lord primate had in two learned sermons given his judgement at large , that the papacy was meant by babylon in the seventeenth and eighteenth of the revelation . but there is no such doctrine concerning antichrist in the book of articles , or in any other publick monument or record of the church of england , but the contrary rather . and this appeareth by a prayer at the end of the second homily for whitsunday , viz. that by the mighty power of the holy ghost , the comfortable doctrine of christ may be truly preached , truly received , and truly followed in all places , to the beating down of sin , death , the pope , the devil , and all the kingdom of antichrist . in which words , the pope , the devil , and the kingdom of antichrist , being reckoned as the three great enemies of the church of christ ; it must needs be , by the doctrine of this church in the book of homilies , that the pope and antichrist are as much distinguished , as either the devil and the pope , or the devil and antichrist , which no man of reason can conceive to be one and the same . eighthly , the church of england in the tenth article speaks very favourably of the will of man in the act of conversion , and all the other acts of piety which depend upon it , viz. that we have no power to do good works pleasant and acceptable to god , without the grace of god by christ preventing us , that we may have a good will , and working with us , when we have that good will ; according to that memorable saying of saint augustine , the greatest champion of gods grace against the pelagian heresies , praevenit nos gratia dei ut velimus , subsequitur , ne frustra velimus . whereas it is declared in the articles of ireland , that man is meerly passive in the work of his own conversion , velut inanimatum quiddam , as was said by luther , the article affirming ( num. 32. ) that no man can come unto christ , unless the father draw him ; that is to say , unless the father doth so draw him , that nothing be ascribed to mans will , either in receiving of grace preventing , or working any thing by the assistance of grace subsequent , or grace concurring ; no other kind of drawing by our heavenly father being allowed of in this act in the schools of calvin . for on this ground calvin dislikes that saying of saint chrysostome , that god draws none but such as are willing to come . illud totum à chrysostomo repetitum repudiari necesse est , quem trahit volentem trahit . so he in the second book of his institutions , cap. 3. upon which dictate of their master the calvinists , or contra-remonstrants , ( whom the lord primate in compiling the articles of ireland followeth point per point ) affirmed expresly in the conference holden at the hague ; sicut ad nativitatem suam nemo de suo quicquam confert , neque ad sui excitationem à mortuis quicquam confert de suo : ita etiam ad conversionem suam nemo homo quicquam confert ; that is to say , that as a man contributes nothing either towards his natural generation , or resurrection from the dead ; so doth he not contribute any thing towards his conversion and regeneration . ninthly , the twentieth article of england ascribes unto the church a power in determining controversies of the faith ; of which the articles of ireland are utterly silent , as if the church were vested with no such authority , contrary to acts 15. v. 6 , &c. tenthly , it is declared in the 34. article of the church of england , that whosoever through his private judgement , willingly and purposely , doth openly break the traditions and ceremonies of the church , which be not repugnant to the word of god , and be ordained and approved by common authority , ought to be rebuked openly ( that others may fear to do the like ) as he that offendeth against the common order of the church , and hurteth the authority of the magistrate , and woundeth the consciences of the weak brethren . but of this there is nothing said in the articles of ireland , and thereby a wide gap laid open to all private men , either out of singularity , faction , or perverseness of spirit , to oppose the ceremonies of the church , and deny conformity thereunto at their will and pleasure . eleventhly , the 36. article of england approves the book of the consecration of arch-bishops and bishops , &c. of which consecration we find nothing in the articles of ireland , as if such consecrations had something in them which of it selfe is superstitious and ungodly , or that the calling of bishops was not warranted by the word of god. twelfthly , it is declared in the 38. article of england , that the riches and goods of christians are not common , as touching the right , title , and possession of the same , as certain anabaptists do falsly boast . of which the articles of ireland are as silent as in the point of consecration of arch-bishops and bishops ; the dangerous consequence whereof may be felt too soon . i know that these two last passages may rather argue some deficiency in the articles of ireland , then any contrariety unto those of england : but i have cause enough to think that many of those who willingly subscribe the articles of ireland ( as being totally genevian both in the matter and method ) will be apt to boggle at these two ; the first as being contrary to the common principles of the presbyterians ; the second as being no less opposite to that levelling humour which doth affect as great a parity in the civil state , as the others have contended for in the ecclesiastical . and thus far i have gone along with doctor bernard in answering all the several charges which are laid upon me , and freeing my selfe from all such opposition to the publick doctrine of this church as i stand accused for ; a crime for which i could not easily acquit my self , and not take notice by the way , how much the doctrine , rites and ceremonies of the church of england were opposed by him who laid that heavy charge upon me . in the pursuit of which particulars i have not gone much further ( though somewhat further i have gone ) then i am warranted and instructed by doctor bernard himself , and possibly had not gone so far , but that i knew how speedily the examples of some men may be drawn into practice , their practice made exemplary , and the obliquities of their judgement taken up as a rule for others , if warning of the danger be not given in convenient time . magnos errores magnorum virorum authoritate transmitti ( as was well observed by vadianus ) is a thing too ordinary . it is my wish , that the business may rest here , though i fear it will not ; the doctors book being such a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , such an occasion of creating new contentions , and reviving the old , as if it had been publisht and intended to no other end then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to put the whole state of greece into fresh combustions . others there are , who either are concerned by name , or interessed in the defence of that which they have formerly written in the churches cause , who may conceive themselves obliged to the like engagements ; as well to do themselves right in the eyes of the world , as to maintain the dignity of the episcopal calling in behalfe of the church . and to these last i shall refer the further prosecuting of the point of episcopacy , as it relates to doctor bernards actings in it ; who by furnishing the lord primates naked affirmation with some armour of proof , and citing many forraign and domestick authors of the same opinion , hath made himself a second party in the quarrel , and consequently stands bound by the laws of duel to abide the combat . if in that part which i have done , i have done any thing amiss ( as i hope i have not ) i shall crave pardon for my errors ; though i may say with truth and modesty enough , si fuit errandum , causas habet error honestas , in the poets language : if well in any thing , i shall expect no thanks for it from the hands of men , considering that when i have done the best i can , i am but an unprofitable servant in the church of christ . notes, typically marginal, from the original text notes for div a86302-e660 a tacit. in vit . agric. b in epist . ad aenae . c 2 kings 23. 18. d tertul. apolog. 1 sam. 28. 15. deut. 18. 11. andriant . 12. tom. 6. contra judaeos . dial. cum try●hone . lib. 1. epist . 2. tostatus in exod. 12. a tract . in joan. b de 10. cordis cap. 3. in psal . 91. c in psal . 23. notes for div a86302-e3190 answ . to sir tho. more ▪ p. 287. declarat . of baptism . p. 96. contra valent. gentil . tom. 1. p. 254. catech. qu. 103. simner in exod . 20. gomarus de orig . sabbati . bound , editio 2. p. 10. in ezek. c. 20. in rom. 3 ▪ in orthod . fide l. 24. c. 4. in luk. 19. in exod. 2. qu. 11. notes for div a86302-e8660 hosp in de fest . ethn. & jud. l. 3. c. 3. annal. d. 7. de creat . hominis l. 1. ad finem . hebr. 7. 10. chap. 16. 29. in decalogo . opera & dies . dies geniales . l. 3. c. 18. hospin . de orig . fest . c. 5. 2 edit . p. 65. joseph . adversus apion . l. 2. de abrahamo . problem . loc . 55 apud euseb . a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. notes for div a86302-e13610 purch . pilgr. l. 1. c. 4. emend . temp. l. 3. id. l. 4. id. l. 1. ed. 2. in levit. 13. qu. 3. hist . l. 36. marlorat . 7. a illic secundâ feriâ populus terrae cum flamine & regulo convenire solebant propter judicia . helmold . chron. sclav . l. 1. c. 24. page 80. b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. de doctr . temp . l. 7. c. 3. notes for div a86302-e15740 emend . temp . l. 2. epist . oenon. ad parid. isych . l. 6. in levit. c. 23. in psal . 47. de coronâ mil. c. 3. notes for div a86302-e20140 can. 16. can. 49. can. 52. de castigatione . epist . 289. expos . fidei cath. 24. notes for div a86302-e22040 injunct . 20. in exod. 20. qu. 12. ibid. notes for div a86302-e24670 in can. con. laod. in can. sol. hom. 30. i● . omnes cap. de seriis . ad eustochian . in num. hom. 2. hom. 5. in mat. 1. conc. matiscon . can. 1. collat. doct . cathol . & protestant . cap. 68. synod . dordra . sess . 14. resp . ad cal. gent. notes for div a86302-e26680 consil . redeundi . artic. 35. 36. notes for div a86302-e29400 carthag . 4 ▪ can. 3. ibid. can. 4. can. 2. concil . antioch . can. 19. true subject . p. 779. mont. gag . cap. 11. p. 78. notes for div a86302-e33950 * tacit. in● . agric. observations on the historie of the reign of king charles published by h.l. esq., for illustration of the story, and rectifying some mistakes and errors in the course thereof. heylyn, peter, 1600-1662. 1656 approx. 357 kb of xml-encoded text transcribed from 137 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a43545 wing h1727 estc r5347 12138769 ocm 12138769 54826 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a43545) transcribed from: (early english books online ; image set 54826) images scanned from microfilm: (early english books, 1641-1700 ; 105:5) observations on the historie of the reign of king charles published by h.l. esq., for illustration of the story, and rectifying some mistakes and errors in the course thereof. heylyn, peter, 1600-1662. [8], 249, [16] p. printed for john clarke ..., london : 1656. attributed to peter heylyn. cf. bm. "h.l." stands for hamon l'estrange. cf. bm. errata: p. [8] at end. advertisements: p. [7]-[8] at beginning. reproduction of original in huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng charles -i, -king of england, 1600-1649. l'estrange, hamon, 1605-1660. -reign of king charles. great britain -history -charles i, 1625-1649. 2002-08 tcp assigned for keying and markup 2002-09 apex covantage keyed and coded from proquest page images 2002-10 olivia bottum sampled and proofread 2002-10 olivia bottum text and markup reviewed and edited 2002-12 pfs batch review (qc) and xml conversion observations on the historie of the reign of king charles : published by h. l. esq. for illustration of the story , and rectifying some mistakes and errors in the course thereof . horat. de arte poet. hunc veniam petimúsque , damúsque vicissim . tacit. hist. lib. 1. fidem professis in corruptam , nec amore quicquam , nec odio dicendum est . london , printed for john clarke , at his shop under s. peterschurch in cornhill , 1656. to the worthily esteemed h. l. esq. the authour of the historie of the reign of king charles . sir , i have read your history of the reign of king charles , and am sorry i had not so mu●…h acquaintance with you , as to see your papers , before you put them to the presse : which had i done , i should have advertised you of many things , wherein i finde , that either your intelligence , or your diligence failed you , or your judgment is not well informed , or that you have been byassed from the mark of truth , by the excesse and transport of your own affections . but being as it is , i beseech you to accept with a friendly hand , that which with ingenuity mixed with freedome , is here offered to you , and hope you will not be offended , if your history is become the text of so free a commentary . i know full well quam facile sit inventis addere , how easie a thing it is to adde to another mans indeavours , and raise a superstructure upon that foundation , which hath been layed without our trouble ; but i am not ignorant withall , that many times the pains of the commentator , are greater than their were whom he doth illustrate . without which helps to guide us to the understanding of most antient writers , how many of them had been thrown aside with disdain and scorn ( as s. ambrose is reported to have dealt with the satyrs of perseus ) because no●… easily intelligible even to learned men . i doubt not but it was your purpose , faithfully and impartially to inform your reader in the truth of things ; in which if you have failed by reason of any of the respects before recited , these following observations , will serve both as a supplement , to make good some points wherein . i finde your booke defective , and a correction of some other passages , in which i finde you are mistaken . between us both the history will be made more perfect , and consequently the reader will be better satisfied : which makes me somewhat confident , that these few notes , will be so farre from making your history lesse vendible than it was before , that they will very much advantage and promote the sale . and if i can doe good to all , without wrong to any , i ●…ope no man can be offended with my pains and industry . for my own part , as i first undertook this businesse with a minde free from love , or hatred , or any of those other affections , which preingagements in a party doe possesse men with , so i have carried it all along with such impartiality and confidence , as may witnesse for me that i preferre truth before interesse ; and that none of hugh peters his three great gyants , that is to say , gyant-fear , gyant-selfe , and gyant-relations , ( which commonly obstruct the passage to all good intendments ) have been able to prevaile upon me . and for your self , i desire you would please to know , that i have your parts and person in an high esteem , and have not took this task in hand , to detract any thing from those just honours which you have acquired , but onely to rectifie your judgments , and lay before you and your reader the true state of things . that modest freedome i have used , in these observations ( especially the first and last ) many perhaps at the first sight seem unpleasing to you . and yet so farre i am from d●…spair of pardon , that i conceive my ingenuity at the last may deserve your thanks : it being ordinary with most men , who are under the hands of the chirurgion , to be impatient with him , and exclaim against him whilst their wounds are dressed , and yet to honour and commend him when the cure is wrought ; howsoever you will gain this by it , that if you doe proceed to the end of the story , as you somewhere intimate , you will be hereby made more carefull of the grounds you go on , and render the second part lesse capable of such animadversions than the first hath been : which i more earnestly desire , than to engage my self in a second trouble , to which i hope you either will give no occasion , or pardon me if i doe . october 8. an advertisement to the reader . reader , thou 〈◊〉 here some obser●…tions upon the history of the reigne of king caarles , not long since published , which had come s●…ner to thy hands if there had been as much spe●…d made at the presse , as there was at the pen. but this is not the onely injury the delay hath done us ; for the extreme cold weather overtaking the printers at their first entrance on the work hath so benummed the fingers of the compositors , and dulled the eyes of the correctors , that thou art like to find a greater errat●… than thou could●… reasonably expect in so small a volume . the principal and most material i have here subjoyned , by which i desire thee to amend and correct the book before thou settest thy self to the reading of it . that pains being taken , the book will be more acceptable unto all that reade it , and i hope every one that reads it , will receive both profit and contentment 〈◊〉 to his paines and charge . ●…or though t●…se observations may probably be of most satisfa●…ion to such as have the hi●…ory by th●…m , yet i conceive that even to those who have it not , they will yeild some benefit , by giving them a 〈◊〉 accompt of many passages ( exceeding necessary for the right understanding of the ●…ate of things ) which our author either hath omitted , or else misreported , or finally , not so clearly apprehended as he should have done . the disputations of machiavell may be read with light and profit , without recourse unto the decads of titus livius , whom he makes the argument of his discou●…ses ; and we may read with like content the observations of malvezzy on the beginning of the annals of co●…nelius tacitus , and yet not have that author by us . this said , i have no more to adde , but to commend my pains to thy good acceptance . and so fare thee well . observations on the history of the reign of king charles . intending a few observations on the newly publ●…d history of the reign of king charles , to make it thereby the more usefull to my selfe and others , i have thought it fit and necessary to prepare my way , by offering some considerations at the authors style , which by reason of many lofty , but 〈◊〉 words , no english reader can climb over . and the first word of this kinde which i take notice of in the book it selfe , is , repandous ] a new latin , english word of our authors making ; of which , and others of that stamp , extracted from the greek , latin , french and spanish ( but all disguised , like the soldiers of the duke of britain , in an english habit ) his book contained so vast a medly , as if it had been framed at babell , before the scattered company were united into tongues and languages . the history of a king of england , intended for the use and b●…nefit of the english nation , ought to be given us in such words , as either are originally of an english stock , or by continuall usage , and long tract of time , are become naturall and familiar to an english ●…are ; and not in such new minted termes , and those too of a forreign , and outlandish race , as are not to be understood without help of dictionaries . it is true indeed , that when there is necessity of using either termes of law , or logicall notions , or any other words of art whatsoever they be : an author is to keep himselfe to such termes and words , as are transmitted to us by the learned in their severall faculties . but to affect new notions , and indeed new nothings , when there is no necessity to incite us to it , hath something in it , which deserveth ●… more strict enquirie . it is observed of th●… romanists , by docter fulke , and other●… of our divines , that when they could n●… longer keep their followers from having the scriptures laid before them in the english tongue , they so indeavoured to dim the light thereof by a dark translation , that seeing they might see , but not understand ; and to that end did thrust into it many obscure words , both greek and latin , which neither by long use were known , nor by continuall custome made familiar to an english reader . of which sort , you may take these few as a taste of th●… rest . that is to say , acquisi●…ion , advent , adulterate , agnition , archisynagogue , a●…imos , comm●…ssations , condign , contristate , depositum , didrachme , dominicall day , donaries evacnated from christ , euro aquilo , epinanited , holocaust , hosts , neophite , paraclete , parasceve , pasch , praefinition , presence , prevaricator , proposition , loaves , repropitiate , resuscitate , sabbatis●… , super-edified , sancta-sanctorū , victims , words utterly unknown to any english reader , unlesse well grounded , and instructed in the learned languages , and consequently their whole translation uselesse to most sorts of men . i cannot say that the author of the history which we have in hand , was under any such neces●…ity of writing , as the r●…mists were , or that it did affect obscurity on any such design , as the rhemists did ; but i may very warrantably and justly say , that in the coining of new words , not to be understood by a common reader , he hath not onely out-vied the rhemists , but infi●…tely exceeded all that have gone before him . a vein of writing , which two the great masters of the greek , and roman eloquence had no knowledge of , who used such words in their addresses to the people , as were illius temporis auribus accommodata ( as it is in tacitus ) accommodate and fitted to the times they lived in , and easily intelligible unto all that heard them . loquendum est cum vulgo , was the antient rule . and certainly to speak so as to be understood by the meanest hearer , to write so , as to be comprehended by the vulgar reader , is such a principle of prudence , as well becometh the practice of the greatest clerks . but it is with this our author , as with many others , who think they can never speak elegantly , nor write significantly , except they do●… it in a language of their owne devising , as if they were ashamed o●… their mother-tongue , or thought it no●… sufficiently curious , to expresse their fancies . by meanes whereof , more frenc●… and latin words have gained ground up on us , since the middle of the reign o●… queen elizabeth , then were admitted by our ancestors ( whether we look upon them as the british or saxon race ) not onely since the norman , but the roman conquest , a folly handsomely derided in an old blunt epigram , where the spruce gallant thus bespeakes his page or laquay : diminutive and my defective slave , reach my corps coverture immediatly , 't is my complacency that rest to have ; 't insconse my person from frigiditie . the boy beliv'd all welch his master speke till railed english , rogue go fetch my cloak . i had not given my selfe the trouble of this observation , but to meet the humour of some men , who if pretenders to french or latin tongues , pretend to an authority also of creating words , and giving us new formes of speaking , which neither king nor keiser hath the power to doe . moneyes and coines are forthwith currant , and universally admitted , as soon as they receive the stamp of supream authority . but it is not in the power of kings or parliaments to ordaine new words , without the liking and consent of the common people . forrein commodities , not customed , are not safely sold ; and forreine words , till licensed , and approved by custome , are not fitly used . and therefore it was well said by an able grammarian , to a great emperor of rome , homines donare civitate potes , verba item non potes ; that is to say , that he might naturalize whole nations , by giving them the priviledges of a roman citizen , but that it was not in his power to doe so with words , and make them free ( as one might say ) of the latin tongue . in this case , custome and consent , and the generall usage , are the greatest princes , and he that doth proceed without their authority , hath no authority at all to proceed upon : it being no othsrwise with new words , then with new fashions in apparell , which are at first ridiculous , or at least unsightly , till by continuall wearing , they become more ordinary . and so it is resolved by horace , in his book , de arte poetica . multa renascenter quae nnnc cecidere cadentque , quae nunc sunt in honore vocabula , si volet usus ; quem penes arbitrium est , & vis & norma loquendi . in english thus , many old words shall be resum'd and some , now in great honour , shall as vile become , if use so please ; to which alone belongs , the power to regulat●… and di●…ect our tongues . but lest our author should affirm with cremulius cordus in the story , adeo factorum innocens sum ut verba m●…a arguantur , that we are faine to cav●…l with him for his words , for want of greater matter to except against ; i shall forbear the prosecution of this argument , till the close of all , and passe to such materiall points as shall come before me . to whom the prince returned answer , that he would impower the earl of bristol , to give his master all satisfaction in that particular , ] that is to say ( for so you must be understood in the words foregoing ) that he would make a pr●…xie to the earl of bristol to celebrate ( in his name ) the marriage with the lady infanta ▪ but there was no such proxie made to the earle of bristol , that being a power and trust thought worthy of the catholick king , and don charles his brother , as appeareth plainly by the publick instrument made to that effect , bearing date august the 8 anno 1623. which being sealed by the prince in due forme of law , it was indeed committed to the custody of the earle of bristoll , by him to be delivered to the king of spaine , and don charles his brother , or to either of them , as soon as the dispensation should be brought from rome , and this was all the power which the e●…rle of bristol had , which yet he had no power to execute , as it after proved . the loyall hearted english could not distinguish between the spanish match , and charles his ruine . ] that some of the loyall hearted english were of that opinion , i shall easily grant , but they had other opinions also , which did bias with them ; especially one opinion , that the near allianc●… with that crown , would arme the king with power to suppresse that f●…ction , which began then to be dreadfull to him , and have since been the ruine of charles , and his whole posterity . but other english hearts there are , of no lesse loyalty , and of as great affection to the royal family , and as great zealots of the true protestant religion here by law established , who think otherwise of it , and that the ruine of prince charles might by this match have been prevented . the spaniard for the most part found a more steady friend , then the wavering french. what else there was ( which might confirme them on the post-fact ) in this perswasion i shall reserve unto my selfe . but you proceed and tell us , after folio 5. that england ever found the spaniard a worse friend , then an enemy . ] for this i thinke you have no reason , the amity and correspondence between the nations having continued firme , and most inv●…olate for many ages , and never broke ( if not of late ) but by the english , or on their occasions . first , by the invasion of spai●…e by the ●…lack prince , in the time of don pedro of castile , and the war carried thither not long after by the duke of lancaster ; n●…xt , on the breach made with charles the fift , by king henry the eighth , in pursuance of the injury don●… unto him , in casting off queen katharine , that great emperours aunt ; and finally by queen elizabeth , supporting the revolting netherlands against philip the second , their naturall and most lawfull prince . if on this last and greatest provocation the spaniard took up armes against us , he had all the reason in the world for his justification . who per●…iving upon the whole summe , that the slie spaniard practised to make an after-game of the palatinate . ] king james was not to be told that now ( i meane upon the prince's returne from spaine ) there being no such thing as the restoring of the palatinate to the prince elector , i●… all the articles of the treaty , which wer●… sworne between them . that was reserve●… as an after-game , but yet intended to b●… played by the spanish court , to the mos●… honour and advantage of the engli●… nation , thereby to gaine the better welcome to the royall bride , when she cam●… amongst us . for thus i finde it in a letter from the earle of bristol , dated th●… 28. of october , not long after the prince'●… coming home . for the businesse of the palatinate , as 〈◊〉 will appears by the joynt disppatch which si●… walter aston , and my selfe wrote of th●… 23. of november , that we were assured , not by the conde of olivares , onely in this kings name , but severally , by all the councellors , that a setled resolution was taken in councill , on the 16. of november , that this king should procure his majesties intire satisfaction , and hereof the cardinall ca●…ala , and divers other councellors that prof●…ssed the●…selves particularly affected to the king and prince's service , came to give sir walter aston and my selfe the p●…rabein . the conde of olivares intreated 〈◊〉 both , in this kings name , to assure his majesty thereof , upon our honours , and upon our lives if need were . and thus much was to have been delivered unto us in writing , before we would have passed to the disposories , as will plainly appeare by this above mentioned dispatch , of the 23. of november . besides , the princesse had now made this businesse her owne , and had therein most earnestly moved the king her brother , & written unto the conde of olivares , and had set her heart upon the making of her selfe gracefull , and welcom to the king and kingdome , by overco●…ing this businesse . these are the words of bristol's letter , and these give me no small assurance of the integrity and good meaning of the court of spaine , as ●…o that particular . which being met , and the businesse propounded , it was entertained with an unanimous consent , and a motion made , that an ambassador should be sent over to negotiate the treaty . ] i somewhat doubt of your intelligence in this relation , the marriage of the prince , containing such a branch of the royall prerogative , as king james was not likely to communicate with his houses of parliament . for when he was petitioned by both houses not long before , that for the avoiding of some dangers , which did seem to threaten the whole kingdome , he would marry the prince to a lady of the protestant religion ; he entertained the motion with no small disdaine , and checkt them in his answer , for intrenching on his just prerogative . and though king charles acquainted the two houses of parliament with his intent of marrying the princesse mary , to the heire of orange , yet we must look upon him at that time , as encumbred with the greatest difficulties , that ever any prince lay under ; one that had wholly lost himselfe on their love and courtesie , and therefore was to hold fair with th●…m in the greatest matters . and yet he did not bend thus low , nor communicate the affaire unto them , till the articles of the marriage were in a manner concluded , as appeareth plainly by his majesties speech in the house of lords , fol. 213. but when it was required of him as a duty , not an act of grace , in the fift of the nineteen propositions which were sent to yerke , that none of his children should be married without their consent ; though he was then in such a necessitous condition , as few princes ever were reduced to , yet would he by no meanes s●…sfie their demands therein . in the style of the court he went for great britains solomon . ] it cannot be denied , but that he was an universall scholar , as you tell us afterwards , the greatest scholar ( without doubt ) for so great a king , that these last ages of the world have presented to us ; but that he was great britains solomon , that is to say , either the wisest man , or the wisest king of the british nations , i am not courtier enough to defend or say . it is true indeed , that he much pleased hims●…lfe with boasting of his kings craft , as he used to call it , but as imbold a french captain was wont to say , that he could never see where that great wit of the florentines lay , which was so much talked of in the world ; so i have heard many wise men say , that they could never finde what that king-craft was : it being no hard matter to prove , that in all publick treaties and negotiations , and many private conferences and debates of councell , he was out-witted , and made use of unto other mens ends , by almost all that undertook him . and on●… might say , ( i fear●… too truly ) that by putting off the majesty belonging to a king of england , that so he might more liberally enjoy himselfe ; neglecting the affaires of state , and cares of government , to hunt after pleasures ; deserting the imperiall city , to sport himselfe at roiston , newmarket , and such obscure places ( which were to him as the isle of capre was to tiberius caesar ) and finally by letting loose the golden reines of discipline , held by his predecessors with so strict a hand ; he opened the first gap unto those confusions , of which we have since found the miserable and wofull consequences . but i know not what temptation hath drawn this note from me , i goe on againe . a stout adversary he was to the arminians , and semi-pelagians , whom he called , as prosper before him did , the enemies of gods grace . ] in this short sentence there are many things to be considered . 1. what these arminians were , which our author speakes of . 2. whether they were the enemies of gods grace or not ? and 3. what the reason was why king james shewed himselfe so great an adversary to them , as you say he did . and first for the arminians ( as you call them ) they were a branch of the sect of calvin , to whose discipline in all particulars they conformed themselves , and to his doctrines in the most , differing only in the matter of predestination , & the points subordinate ; but managing tho●… differences with a better temper , then their opposites did . nor were these differences onely controverted in the school of calvin , but had been many times disputed with great heat and passion , betwixt the franciscans and dominicans in the church of rome . the rigid and moderate lutherans in the churches protestant . the rigid lutherans , who looke on flacius illyricus ( a man of a turbulent and fiery nature ) as their head and captaine , and with them the dominieans ( or black friers ) goe the same way as calvin and his followers do●… ; and these proceed upon the authority of saint augustine , whose zeale against the p●…lagian heresies transported him into such inconvenient expressions , as the wis●…st men may fall into on the like occasions . the moderate lutherans , of which melancthon , a sober and right learned man ( and therefore not unfitly called the phoenix of germany ) was the principal leader , and with them the franciscan friers ( and of late the jesuits ) goe the same way which the arminians since have followed ; grounding themselves upon the constant current of the antient fathers , who lived and flourished , ante mala certamina pelagiana , before the authority of saint augustine , in canvassing and confuting the pelagian heresies , carried all before it . for doctor james hermin , the university reader , in the university of leidon , preferring the doctrine of melancthon in these points , before that of calvin , not onely maintained it in the schooles , but preached it also in the p●…lpit as occasion was ; not that he was the first of the school of calvin , that professed this way , but that he was of better parts , and of greater learning , then any who before had undertook it . and being he was a man of such parts and learning , and that his doctrine was conceived to be more rationall in it selfe , farre more agreeable unto the justice and mercy of almighty god , and more conducing unto piety , then that of the rigid calvinist was esteemed to be , it quickly found great multitudes of followers in the b●…lgique churches ; and these , not onely of the vu●…gar , but the learned sort , of which last ranke i may reckon episcopius , corvinus , bertius , tilenus , john g●…rard , vossius , ( for his abilities in learning , made a prebend of canterbury ) and that great magazine both of divine and humane literature , hugo grotius : these are the men who commonly are nick-named arminians , and these the rigid calvinists have indeavoured to oppose , to the publick hatred , by fastning on them many horrid blasphemies , and grosse absurdities , which cannot properly and of right be charged upon them . for in the continuation of the history of the netherlands , writ by one ●…rosse ( as i remember ) a fellow of no parts , or judgment , and so more apt to be abused with a false report : it is affirmed that there was a synod called at d●…rt , to suppresse the arminians , and that the said arminians held amongst other heresies ; first , that god was the author of sinne , and secondly , that he created the far greatest part of mankinde onely , of purpose for to damn them , with severall others of that kinde ; which every man of reading knowes , not onely to be the consequence and results of calvin's doctrine , but to be positively mainteined and taught by some of his followers . by these , and such like sub●…ill and malitious practises , they indeavoured to expose their adversaries to the publick hatred , and make them odious with the people ; till at the last , those poore men might have said most justly , as once the primitive christians did , under the burden of the like calumnies and imputations , condemnati sumus quia nominamur , non quia convincimur , as tertullian hath it ; the name of an arminian carried a condemnation in it selfe , without any conviction : 2. but if they were the enemies of the grace of god , and that king james so conceived of them , they did undoubtedly deserve all this and more ; but certainly whatsoever king james might please to call them , i am sure he had little reason for it , those whom you call arminians , speaking as honourably and religiously of the grace of god , as the most orthodox writers in the primitive times . it is true ind●…d , that the pelagians did ascribe so much to the powers of nature , in the conversion of a sinner , and the whole worke of regeneration , ut gratiam dei necessariam non putarent , that they thought the grace of god 〈◊〉 be together unnecessary ( as lyrinensis tells us of them . ) if the arminians ( as you call them ) were of this opinion , they were the enemies of gods grace , there is no doubt of that . but looke into the five articles which they exhibited in their remonstrance to the states of holland , and after to the assembly at dort , and you will finde the contrary ; it being there affirmed expresly in these following words , gratiam dei staiuimus esse principium , progressum & complementum omnis boni ; ●…deo ut ne ipse quidem regenitus absque praecedente sive praeveniente ista , excitante , prosequente , & cooperante gratiâ , bonum cogitare velle , aut peragere possit , u●…isve ad malum tentationibus resistere : it a ut bona opera actionesque quas quis cogitando potest adsequi gratiae dei in christo adscribenda sint . we teach say they , that the grace of god is the beginning and promotion and accomplishment of every thing that is good in us ; insomuch that the regenerate man can neither thinke , will , nor doe any thing that is good without this grace preventing , cooperating , and assisting , and consequently that all good works which any man in his life can attaine unto , are to be attributed and ascribed to the grace of god. call you those men the enemies of gods grace , as you seem to make them ? i hope saint augustine was no enemy of the grace of god , in giving us this golden sentence ; since gratia dei praeveniente ut velimus , & subsequente ne frustra velimus , ad pietatis opera nil valemus ; that is to say , without the grace of god preventing , that we may will the things which are good , and following or assisting that we doe not will them to no purpose , we are not able to doe any thing in the works of piety . say not these men the same as s. austin doth ? and saying the same , why are they called the enemies of the grace of god , whilst he is honoured with the title of the champion and defender of it ? but some will say that they ascribe more unto the freedome of the will , then may stand with grace , and consequently overthrow all the former building . if so , they are more cunning then i thought they were . but these plain dealing men doe assure me otherwise , for thus they say , ( in the same articles as before ) homo salvificam fidem non habet à se , neque ex liberi sui arbitrii viribus , sed necesse est ut ab ●…o in christo , per spiritum ipsius sanctum regeneretur at●…ue renovetur intellectu , affectibus , voluntate , omnibusque viribus , ut salutaria bona recte possit intelligere , meditari , velle , atque perficere ; that is to say , a man hath not saving faith in , and of himselfe , nor by the strength of his owne free will , but it is necessary that he be regenerate , and renewed in christ by the holy ghost , in his understanding , affections , will , and all the other powers of nature , that so he may both understand , meditate , will ▪ and bring to passe the things which appertaine to his salvation . i grant indeed , that they ascribe somewhet more to the will of man , then the rigid sort of lutherans and calvinians do●… , who will have a man drawn forcibly and irresistably , with the cords of grace , velut in animalon quiddam , like a senselesse stock , without contributing any thing to his owne eternity ; but they ascribe no more unto it , then what may stand both with the grace and justice of almighty god , according to that divine saying of saint augustine , viz. si non est gratia dei quomodo salva●… mundum ? si non est liberum arbitrium , quomodo judicat mundum ? were it not for the grace of god , no man could be saved , and were there not a freedome of will in m●…n , no man with justice could be damned . if they that speak so much of the grace of god , and so little of the will of man in the workings of it , must notwithstanding be the enemies of the grace of god ; i fear the church of england will be found in a sorry case , whose doctrine in these points is the very same , and thus delivered in the tenth article of her confession , viz. the condition of man after the fall of adam , is such , that he cannot turne and prepare himselfe by his owne naturall strength , and good workes to faith and calling upon god : wherefore we have no power to doe good workes pleasant and acceptable to god , without the grace of god by christ preventing us , that we may have a good will , and working with us , when we have that good will. saint augustine , and the church of england , and all orthodox christians are as much enemies of gods grace ( for ought i can see , as any of those poore despised ones , whom you call arminians . 3. but then it may be justly asked , what moved king james to be so stout an stout of theirs , as you say he was ? and for that the reasons may be many , for 1. he had his education in the kirk of scotland , where all the hetrodoxies of calvin were received as gospell , and therefore could not sodainly cast off those opinions which he had sucked in as it were with his nurses milk . 2. he was much governed at that time by doctor montague then b●…shop of winchester , and dean of his majesties chappell royall , who having been a great stickler in these predestinarian controversies , when he lived in cambridge , thought himselfe bound to beat down all opponents by the kings authority , which he could not overbear by the strength of argument ; and finding the kings will inclineable to his owne perswasions in these points , put him upon many harsh , and severe expressions against these poor men , especially in his declaration against vorstius , where he strikes most at them . but thirdly , the greatest motive with k. james , was , reason of state the arminians ( as you call them ) being united into a party , under the countenance & command of 〈◊〉 olden barnevell and by him used to undermine the power of mawrice , then prince of orange ; who as he was a great patron of the rigid calvinians , so was he to that king a most dear confederate . b●…sides , the king considered this division in the belgick provinces , as a matter of most dangerous ●…ature , and utterly distructive of that peace , unity , and concord which was to be the greatest preservation of the states united : whom therefore he exhorteth in the same declaration to take heed of such infected persons , their own countreymen being already divided into factions upon this occasion , which was a matter ( as he saith ) so opposite to unity ( which was indeed the onely prop and safety of their state next under god ) as of necessity it must by little and little bring them to utter ruine , if wisely & in time they did not provide against it , so that k. james consid●…ring the present breach as tending to the utter ruine of those estates , and more particularly of the prince of orange , his most dear allie , he thought it no small piece of king-craft to contribute toward the suppres●…ion of the weaker party ; not onely by blasting them in the said declaration with reproachfull names , and sending such of his divines to the assembly at dort , as he was sure wou'd be sufficiently active in their condemnation ; which being done , his own turn served therein to his full contentment , and bishop montague his great directour in those businesses being also dead ; he began to shew himselfe more favourable unto their opinions than before he did : especially on the coming out of the answer to the romish gaggar , composed by another montague then pr●…bend of windsor , and afterwards l. bishop of chichester , and at last of norwich , ( a man of lesse courtship , but of farre more learning than the other was ) whos●… judgment in those points he liked very well , as being more consonant to the doctrine of the church of england , and more agreeable to the tenor of approved antiquity . but i have stayed too long on this observation . i must now go forwards . the kings corps on the 4th of may was conveyed to westminster , and there inhumed , &c. ] our author tells us in the end of his preface what an esp●…ciall care he hath of his temporalities ( as his owne word is ) in assigning unto every action it s own proper time , and yet he fails us here in the first beginning : for , neither was the body of that king interr'd on the 4th of may , nor the letters of procuration kept undelivered till the 8th ( as he after te●…ls us ) nor the marriage celebrated after the funerall of the king , as is there declared : though possibly in the intention of king charles ( for the reasons there delivered ) it had been so resolved on at the first designation of those royall pomps : for , upon sunday may the 1st , the marriage was celebrated at the church nastre dame in paris ; on tuesday may the 3d , the news thereof came unto the court , and was welcomed the same night with bells and bone-fires in all parts of london ; on saturday may the 7th , was king james interred , and on sunday morning may the 8th , there came an order from the lords of the council to the preachers appointed for st. pauls crosse ( as i have heard him say more than once or twice ) requiring him that in his prayer before the sermon he should not pray for the queen by the name of henrietta maria , but by the name of queen mary ouely . and yet it is true too which he after telleth us , that is to say , that the marriage was celebrated in paris on the 11th of may. but then he is to understand that this was on the 11th of may in the french accompt , which following the gregorian calender anticipates ten daies in every month ; that being the 11th day of the moneth to them , in the new style ( or stylo novo , as they phrase it ) which is the first day of the moneth in the old style and accompt of england . he sent letters of prolucution to the duke of chevereux . ] if it be asked why the king when he was onely prince of wales should look no lower for a proxy than the king of spaine , and being now the mighty monarch of great britaine , should pitch upon so mean a prince as the duke of chevereux ; it may be answered that the duke of chevereux was a prince of the house of guise , from which his majesty was extracted : mary of loraine daughter to claud of loraine the first duke of guise , being wife to james the fift of scotland , grandmother unto james the sixt , and consequently great grandmother to king charles himself . from canterbury his majesty took coach for whitehall , where the third after his arrivall , &c. ] if our author meaneth by this , that his majesty went in coach but some part of the way onely , he should then have said so ; but if he mean that he went so all the way to whitehall , he is very much out : their majesties passing in coach no further than gravesend , and from thence in the●…r royall barge by water unto his palace at whitehall , accompanied or met by all the barges , boats , and wherries which could be found upon the thames ; the author of these observations beholding from tower-wharfe that magnificent passage . for as man is without a female consort , so is a king without his supreme councell a halfe formed sterill thing . ] our author in these words , and the rest that follow , maintains a paradox most dangerous to supreme authority in making parliaments so necessary to all acts of state , as if that kings , or they that have the supreme power could doe nothing lawfully but what they doe with their assistance , and by their consent ; which were it so , a parliament must be co-ordinate to kings ( or such as have the power of kings ) not subordinate to them . nor need the members write themselves by the name of his majesties most loyall and most humble subj●…cts , but by the name of partners and associates in the royall power : which doctrine , of what ill consequence it may be in monarchical government , i leave counsellors of state to consider of . his speech being ended , the king vailed his crown , a thing rare in any of his predecessou●…s . ] our chroniclers tell us of king james , that at his first coming to the crown of england , he used to go often to the tower to see the lyon ( the reputed king of beasts ) baited sometimes by dogs , and sometimes by horses ; which i could never reade without some r●…gret , the baiting of the king of beasts seeming to me an ill presage of those many baitings which he ( a king of men ) sound afterwards at the ha●…s of his subjects . and mr. prin tells us of k. charles , that on the day of his coronation he was cloathed in white , contrary to the custome of his predecessours , who were on that day clad in purple . white is we know the colour of the saints , who are represented to us in white robes by s. john in the revelation : and purple is we know the imperiall and regall colour , so proper hereto sore unto kings and emperours , that many of the constantinoplitan emperours were called porphirogeniti , because at their first comming into the world they were wrapt in purple . and this i look upon as an ill presage , that the king laying aside his purple , the robe of majesty , should cloathe himselfe in white , the robe of innocence ; as if thereby it were fore-signified that he should devest himselfe of that regall majesty which might and would have kept him safe from affront and scorn , to relie wholly on the innocence of a vertuous life , which did expose him finally to calamitous ruine . but as all ill presages , none like that which our authour speaks of , i mean the veiling of his crown to this his first parliament ; which i consider of the introduction to those many veilings of the crown in all the parliaments that followed : for , first he vailed his crown to this , in leaving mountague in their hands , and his bond uncancelled , ( as you tell us after fol. 12. ) notwithstanding that he was his sworn chaplain and domestick servant , and that too in a businesse of such a nature as former parliaments used not to take cognizince of ; he vailed his crown unto the next , when he permitted them ( as you tell us , fol. 25. ) to search his signet office , and to examine the letters of his secretaries of state , leaving him nothing free from their discovery ; a thing not formerly practised : he vailed his crown unto the third , first in the way of preparation to it , releasing all the gentlemen whom he had imprisoned , for their refusall of the loane , many of which being elected members of the following parliament , brought with them both a power and will to avenge themselves by the restraint of his prerogative within narrower bounds ; next in the prosecution of it , when hearing that the parliament had granted him some subsidies , not a man dissenting , he could not restraine himselfe from weeping , ( which tendernesse of his was made good use of to his no small dammage ) adding withall , and bidding his secretarie tell them ( as our authour tells us , fol. 77. ) he would deny them nothing of their liberties which any of his predecessours had granted to them ; and finally in the close thereof when he enacted the petition of right , and made it passe into a law , of which our authour tells us , fol. 87. that never arbitrary power since monarchy first founded did so submitters fasces , so vaile its scepter ; never did the prerogative descend so much from perch to popular lure , as by that concession . he vailed his crowne unto all three , by suffering the house of commons to set up a committe for religion , to question manwaring , sibthorp , and divers others for doctrinall matters , which if erroneous were more proper to be censured in the high commission or the convocation , to which the cognizance of such causes doth of right b●…long ; and not unto a consistory of lay. elders , which though it might consist of the wisest men , yet were they for the most part none of the greatest clerks . he vailed his crown also unto the scots , when having power to bring them under his command , he yeilded to the pacification at barwicke , not more unto his own dishonour than to their advantage ; which drew him on first to abolish the episcopal government ( the greatest prop of hi●… estate ) in the church of scotland , and after at their instance to call a parliament in england , and by the terrou●… of their armes first to give way that the lords of the privie councel ( in referenc●… to the tryall of the 〈◊〉 of strafford ) should be examined upon oath , in points debated and resolved on at the councill table ; that being done , to yeild to a triennial parliament , to be called ( upon his default ) by sheriffs and constables , and finally to perpetuate that parliament to his owne destruction . what other vailings of the crown followed upon this , we shall hereafter see upon another occasion . in this session of parliament was mr. mountague questioned for publishing certain bookes prejudiciall to the protestant cause , &c. ] somewhat of mr. mountague we have seen before , and shall now adde , that his books contained nothing prejudiciall to the protestant cause , or to the established doctrine of the church of england , but onely to the calvinisticall sect who had imposed their heterodoxies upon credulous men for the received doctrines of the church . this mr. mount●… disavowed in his answer to the romish gagg●…r , and severing private mens opinions from the churches doctrines to be defended by their own patrons and abettors ▪ which so offended that whole party that an information was intended and prepared against him , which being made knowne unto king james , he did not onely give him his discharge and quietus est , and grant him leave ( in regard the accusation was divulged , and the clamour violent ) humbly to appeale from his defamers unto his most sacred cognizance in publique , and to represent his just defence against their slanders and false surmises unto the world , but also to give expresse order unto doctor white then deane of c●…l sle ( cried up , when l●…cturer of st. pauls , for the stoutest champion of this church against those of rome ) for the authorizing and publishing thereof , which was ●…one accordingly . so he in his epistle dedicatory to the late king charles . these are the books , the answer to the romish gagger : and , the defence thereof , ca●…led , appello caesarem : so prejudiciall ( is you say ) to the protestant cause , and therefore fit to be in●…ed on by the house of parliament . the cause of that restraint ( v●…z : the grant of tonage and poundage for no more than one yeare ) being a designe to reduce it to the rate setled in qu●…n maryes daies . ] and had they brought it unto that , their grant would have been like the apples of sodome , goodly and beautifull to the eye , sed levi tactu pressa in vagum pulverem fatiscunt ( saith the old geographer ) but never so gently handled fell to dust and ashes ; a nut without a kernil , and a painted nothing . and yet they might have made the king some faire amends , if they had brought the subsidies to the same rate also , or to the rates they were at , in her fathers daies , when as one single subsidie of foure shillings in the pound was estimated to amount to eight hundred thousand pounds of good english money , which is as much as eight whole subsidies did amount to when king charles c●…me unto the crown . the divinity schoole was appointed for the house of commons . ] and qu●…stionlesse this giving up of the divinity school unto the use of the house of commons , and placing the speaker in or neer the chair●… in which the kings professour for divinity did usually reade his publick lectures , and moderate in all publick disputations , first put them into a conceit that the determining in all points and controversies in divinity did belong to them : as vibius rufus in the story , having married tully's widow , and bought caesars chair , conceived that he was then in a way to gain the eloquence of the one , and the power of the other : for , after this we find no parliament without a committee for religion , and no committee for religion but what did think it self sufficiently instructed to manage the greatest controversies of d●…vinity which were brought before them : with what successe to the religion here by law established we now see too clearly . most of the voters of this remonstran●… flew high , and impetuously prest in upon the duke . ] and this makes good that saying of the wise historian , quam breves & infausti romani populi amores , that the d●…rlings and affections of the common people ( take which sense you will ) are of short continuance . it was not long since that this very man was cried up in parliament for the great ornament and honour of the english nation , the chief preserver of this kingdome from the spanish practises , no attribute sufficient to set forth his praises , no honour large enough to requite his merits . now on the sodain he is become the subject of a popular h●…d , tossed from one parliament to another like the ball of fortune , many times struck into the hazard , and at last quite tossed out of the court , and-tumbled into his grave by a desperate ruffion . but as i have been told by some intelligent man , this sodain alteration came another way , and not from any premeditated purpose in the parliament men , who after voted this remonstrance : for having an ill eye to the b●…shop of lincolne , and a designe to make h●…m lighter by the seal ; the b●…shop to prevent the danger , and divert the humour , proposed the duke of buckingham unto some leading men amongst them as the fitter game , offering to furn●…sh them with matter , and to m●…ke good that matter by sufficient evidence ; which coming not long a●…ter to the ears of the duke , to whom he had done many ill ▪ offices when he was in spaine , he procured the seale to be taken from him ; of which more anon . and who ( i.e. sir robert mansell ) had an unquestionable right to the chief conduct of this enterprise upon the dukes default . ] i b●…lieve not so . for though sir robert were vice-admirall , and had the subordinate power to the duke of buckingham in all things which concerned that office , yet in the present enterprise he had not any thing at all to pretend unto : the lord admirall himselfe not acting in occasionall services or great employments at the sea in regard of his office , but as he is impowred by special commission from the king , which he may grant to any other as he sees cause for it . a thing so obvious in the course of our english stories , that i need bring no examples of it to confirm this truth . and the first thing resolved upon was . his solemne initiation into regality , and setting the crown upon his head . ] as sol●…mne as the king esteemed it , yet our authour as it seems thinks more poorly of it : for , he not onely censureth it for a vanity , though a serious vanity , but thinks that k●…ngs are idle in it , though idle to some better purpose than in 〈◊〉 and dances . are not all christian k●…ngs wi●…h whom the rites of coronation are accounted sacred , much concerned in this , and the scriptures more ? are not the ceremonies of anointing and crowning kings of great antiqu●…ty in all nations throughout the world directed by the holy spirit in the book of god ? exempl fi●…d in saul , david , solomon , but most particularly in the inauguration of jehoash , the 2 of kings 11. 12. where it is said that jehojada the high priest brought forth the kings son and put the crown upon him , and gave him the testimonies , and they made him king and anointed him , and clapt their hands , and said , god save the king . was this a pageant think we of t●…e high priests making to delight the souldiery , or a solemnity and ceremony of gods own appointing to distinguish his vicegerents from inferiour persons , and strike a veneration towards them in all sorts of men whether priests or people ? he that shall look upon the coronation of our saviour , the placing of the crown upon his head , and putting the scepter into his hands , and bowing of the knee before him , with this acclamation , haile king of the jewes , will therein finde a pattern for the inauguration of a christian king : in which there is not any thing of a serious vanity , ( as our authour calls it ) but a grave , pious , and religious conformity to the investiture and coronation of their supreme lord. i could enlarge upon this subj●…ct , but that i think better of our authour than some of our historians doe of henry duke of buckingham , of whom it is observed that at the coronation of king richard the third , he cast many a squint eye upon the crown , as if he thought it might be set on a fitter head . but our authour passeth from the coronation to the following parliament . in order whereunto , he tell●… us that the lord keeper williams was displaced and his place was disposed of to sir thomas coventrie . ] our authour is here out again in his temporalities , the lord keeper williams not being displaced betwixt the coronation and the following parliament but some months before : for the great seale was taken from him in october three moneths and more before the day of the coronation ; sir thomas coventrie sitting in 〈◊〉 as lord keeper , both in the michaelmas term at reading , and in the candlemas term at westminster . the like mistake he gives us in his temporalities touching b●…shop land , whom he makes bishop of bathe and wells , at the time of his affl●…cting in the coronation ; whereas indeed he was at that time bishop of st. davids onely , and not translated to the bishoprick of bathe and wells till september following . and that i may not trouble my self with the like observation at another time ( though there be many more of this nature to be troubled with ) i shall crave leave to step forth to fol. 96. where it is said , that the articles of lambeth were so well approved of by king james , as he first sent them fi●…st to the synod of dort as the doctrine of our church , where they were asserted by the suffrage of our british divines ; and after that commended them to the convocation held in ireland to be asserted amongst the articles of religion established anno 1615. and accordingly they were ] this is a very strange hysteron proteron , setting the cart before the horse , as we use to say . for , certainly the articles of lambeth being made part of the confession of the church of ireland , anno 1615. as indeed they were , could not before that time be sent to the assembly , or synod at dort , which was not held till three years after , anno 1618. and this i take to be from what more than a superannuating as to call it in his temporalities , though he be confident in his preface that he stands secure not onely from substantiall falshoods , but even from circumstantiall also , in assigning all both things and actions their proper times . how ill this confidence is grounded we have seen in part , and shall see more hereof hereafter , as occasion serveth . who loved the bishop ( if fame belies her not ) better than was fit . ] i think our authour with more prudence might have spared this note , especially having fame onely for the ground thereof , which is so infamous●…n ●…n historian ( as a learned gentleman hath well noted ) that no wise man would build on the credit of it . if fames and libels should once passe for h●…storicall truths , few kings , or favorites , or ministers of great affairs ( or indeed who else ) would goe with honour to their graves , or live with glory in the mouthes of the next posterities . wilson , a creature and dependent of the earle of warwicke , whom you accuse elsewhere of partiality in the businesse of the earl of essex , leaves the like stain upon his lady ; but out of zeale to the good cause indevoureth to acquit the b●…shop from the guilt thereof , by saying , that he was eunuchus ab utero , an eunuch from his mothers wombe , which all that knew that prelate most extremely laughed at . and what had he for his authority but fam●… and libels , purposely scattered and divulged amongst the people to disgrace that family , by the malitious contrivers of the publique ruine . the honour of ladies in the generall is a tender point , not easily repaired if wronged , and therefore to be left untouched , or most gently handled . for which cause possibly s. 〈◊〉 adviseth that we give honour to the woman as the weaker vessell , and weaker vessels if once crackt by ungentle handling , are either utterly broken : or not easily mended . and for this lady in particular whom these two authours tosse on the breath of fame , i never heard but that she was a person of great parts and honour , and one that never did ill offices to any man during the time of her great power and favour both with king and queen . so that we may affirme of her , as the historian doth of livia that great emperours wife , potentiam ejus nemo sensit , nisi aut levatione periculi , aut accessione dignitatis , that no body ever found her power , but either in lessening his deserved punishments , or adding some respects to him for his well-deservings . nor seemed the question in the sense of many , which was the traytour , but which was the most . ] that is to say , whether the duke of buckingham , or the earle of bristol were the greater traytour , though it appeareth not ( for any thing which our authour tells us ) that any treason was proved against either of them : for had the duke proved his charge of treason against the earle , he had both power and opportunity enough to have wrought his ruine ; or had the earle proved the like charge against the duke , the commons needed not have troubled themselves with a new impeachment , containing nothing but encroachments on the royall favour , and some miscarriages which at another time , and in another man would have been connived at . our author gives us a sull copie of the earles charge against the duke ; but of the dukes charge against the earle ( whether out of partiality or want of information ) he affords us nothing . i shall therefore adde so much in the way of supplement , as to subjoyn three or four of the principall articles of the charge against him , leaving them here as they were left in the house of peers , without any further prosecution than the narrative onely . it was then charged upon the earle , 1. that having certified king james by several letters out of spain that the treaty of the match was in a very good forwardnesse , the prince at his arrivall there , found it nothing so , there being little done in relation to it . 2. that in the time of his negotiation by letters unto his late majesty and otherwise , he counselled and perswaded the said kings majesty to set at liberty the jesuits and priests of the romish religion , and to grant and allow unto the papists and professours of the same , a free toleration , and silencing the laws made and studing in force against them : 3. that at the princes coming into spain , the said earle of bristol cunningly , falsly , and traiterously moved and perswaded the prince ( being then in the power of a forreign king of the romish religion ) to change his religion , and used many dangerous and subtile insinuations to that effect . 4. that in pursuance of the said trayterous designe , he used these words unto the prince , that the state of england did never any great thing , but when they were under the obedience of the pope of rome , and that it was impossible they should doe anything of note otherwise . 5. that a proposition being made by the king of spaine touching the palatinate , which was , that the eldest son of the prince palatine should marry with the emperours daughter , but must be bred up in the emperours court : the said earle delivered his opinion , that he thought it unreasonable . and when the danger was presented , in regard of the alteration of the young princes religion , which must needs follow thereupon , the said earle answered , that without some great action the peace of christendome would never be had . comparing these with those that were charged upon the duke , it will appeare that they both concurred in one designe , which was to ●…ender each o●…her suspected in matter of loyalty & religion , though by so doing they made good sport to all their enemies and the world to boot ; many good men ( as our authour calls them ) being passing jocund at the contest . but it was resolved by the judges , that by their restraint ( i. e. the restraint of sir dudley diggs , and sir john eliot ) no reason being given to the house for it , the whole house was arrested . ] the judges were wise men , and would not strive against the stream ( as the saying is ) for otherwise i can see no reason of their resolute precedents to the contrary , there are many in the times foregoing , of which i shall instance in two onely , and those two in a parliament held in the 35 year of the so much celebrated reigne of queen elizabeth . the first is this , mr. peter wentworth and sir henry bromely delivered a petition to the lord keeper , desiring the lords of the upper house to be suppliants with them of the lower house unto her majesty for entailing of the succession of the crown , whereof a bill was ready drawn by them . her majesty was highly displeased herewith as contrary to her former strait command , and charged the councell to call the parties before them . sir thomas henage ( being then vice-chamberlaine and one of the lords of the privie councell ) sent for them , and after speech with them , commanded them to fo●…ar the parliament , and not to go out of their severall lodgings : after they were called before the lord treasurer , the lord buckhurst , and sir thomas henage ; mr. wentworth was committed by them to the tower , sir henry bromely with master richard stevens , to whom sir henry bromely had imparted the matter , were sent to the fleet , as also mr. welch the other knight for worcestershire . in the same parliament one mr. morrice attorney of the dutchy of lancaster ( who is to be my second instance ) moved against the hard courses of the b●…shops , ordinaries , and other ecclesi●…sticall judges in their courts , used towards sundry learned and godly ministers and preachers , and spake against subseription , and oathes ; and offered a bill to be read against imprisonment for refusall of such oathes : which comming to the queens knowledge , and mr. coke ( afterwards sir edward coke ) then speaker of the house of commons , being sent for and admonished not to admit of that or any such bills if they should be offered , the said mr. morrice ( as i have been credibly informed ) was taken out of the house by sergeant at the armes , but howsoever , sure i am , that he was committed unto prison for the said attempt . and when it was moved in the house by one mr. wroth , that they might be humble suitors to her majesty , that she would be pleased to set at liberty those members of the house that were restrained . to this it was answered by all the privy counsellours which were then members of the house , that her majesty had committed them for causes best known to her selfe , and to presse her highnesse with this suit would but hinder them whose good is sought : that the house must not call the queen to accompt for what sh●… doth of her royall authority , that the causes for which they were restrained , may be high and dangerous , that her majesty l●…h no such questions , neither doth it become the house to search into such matt●…rs . whereupon the house desisted from interposing any further in their beha●…f . and thus we see that no fewer than five members ( that is to say , wentworth , welch , bromely , stevens , and m●…rrice ) ●…ut off at one time from the house of commons without any remedy , or any decl●…ration of the judges , that any such arrest as is here pretended was layd upon the house by their imprisonment . so resolut●… was queen elizabeth to maintain her prerogative ; though king charles yei●…ded to the times and released his prisoners upon this declaration of the judges , and a remonstrance of the commons in pursuance of it ; which was another vailing of his crowne , before no●… mentioned , because reserved u●…to this place . for the lords feared an antient order ▪ that no lords created sedent●… parliamento , should have voice during that session , &c. upon which , their suffrage was excluded . ] the lords had been to blame indeed , if when the judges had declared for law in 〈◊〉 of the house of commons , they could not make an order to serve them●… both antient alike ▪ and of like authority , because both contrary to the practice and proceedings in foregoing parliaments . but whereas our authour ▪ writes , that u●…on the finding out of this order , the suffrage of the new lords ( that is to say , kimbolton , imbercourt , and tregote ) was excluded for this session : i somewhat doubt his intelligence in that particular , and that i doe for these two reasons , first , because in the long parliament which began in novemb. an. 1640. when the prevailing parties in both houses were better backed than they were at this present ; the lord●… seymour , littleton , and capell , created sedente parliamento , and the lords digby , rich , and howard of charleton called to the house of peers by especial writ were all admitted to their votes in that s●…ssion of parliament without any dispute . and secondly , whereas it was offered to the king ( being then in a farre lower condition than he was at th●…s present ) in the last of the nineteen propositions which were sent to yorke , that his majestie would be graciously pleased to passe a bill for r●…straining peers made hereafter , from sitting or voting in p●…liament , unlesse they were admitted thereunto with the consent of both houses of parliament ; the king did absolutely refuse to assen●… unto it ; as appeareth clearly by his answer unto those demands . the affection of the peers so elevated him , that he received the attorneys charge with such an undaunted spirit , and returned so home an answer as the house was amply satisfied with it . ] in all this there was nothing strange , that either the earle of bristol should receive the attorneys charge with such an undaunted courage ( as you say he did ) being so backed and elevated by the affection of the house of peers , as you say he was ; or that the house should be so amply satisfied with his answer , to whom they had before shewed so great affections . it was not the answer but the person which prevailed most with them ; as on the other side in the businesse of the duke of buckingham , the answer fared the worse for the persons sake , of whom you tell us in this place , that the ill opinion which the peers had of him , did as much depresse him , as it did elevate the other . for though the duke his answer to his impeachment so contrived and inlaid with mod●…sty and humility that it was like to have a powerfull influence towards the conversion of many , ( as our authour tells us , fol. 53. ) yet was it so farre from giving any ( and much lesse ample ) satisfaction , as bristols did , that it b●…came a new grievance to his adversaries , who thereupon resolved on the prosecution , for feare it might be thought that themselves were worsted , if the poor gentleman should have m●…de but a saving game of it . so true is th●…t of velleius paterculus , saying , familiare est hominibus , invidiam non ad causam sed ad voluntatem personasque diriger●… , that is to s●…y , that it is usuall with most men to govern themselves in m●…tters of this inviduous nature , not by the merits of the cause , but by the intercesse of their own passions , and the ●…espect or disrespect which they bear the persons ▪ but all would not smooth the asp●…rity of this illegall tax , &c. ] the money which was then required of the subj●…ct , was not imposed on them in the way of a tax ▪ ( if i remember it aright ) but required of them as a loan●… , and that too in a way which might seem to have some loyal●…y in it : for whereas the parliament had passed a bill of subsidies , and that the said parliament was dissolved before the bill passed into an act ; his majesty was advised that he had good grounds to require those subsidies of the subject , which the house of commons in their names had assented to ; and yet not to require them by the name of subsidies , but onely in the way of loane , till the next parliament should enable him to make payment of it , or to confirm his levying of those moneys by a subsequent act. but this devise , though it brought in good sums of mony for the present , yet by the articles of some men , who were resolved , that the king should have no other assistance towards the maintenance of his wars than what he could procure-by his compliance with his houses of parliament ; it brought forth those effects which our authour speaks of . so miserable was the kings condition at this time , that having formerly been made the instrument to break off all treaties with spaine , and declare a warre against that king , at the earnest solicitation of the house of commons , he was so wilfully deserted ( i dare not say betrayed ) by those that engaged him in it . where for three daies all was so calme on both sides as if they had sworn a truce , &c. ] this was the first great errour in the enterprise of the isle of rhe : and the second was as bad as this , viz : their not taking in of the little fort called la pree : for , had the duke marched directly on , he had in all probability taken both the town and citadel of st. martin , the fortifications being then unfinish'd , and the people in no small dismay for the rout of their forces ; whereas the losse of those three dayes gave time and leisure enough to mounseiur de toyrax governour of the place to compleat his works in such a manner that they were thought impregnable by our ablest souldiers . or had he took the fort of la pree in his pissage by it , he had not onely hindred the french from bringing new forces by that postern to the relief of the town , but might have used the same to make good his retreat , when the necessity of his affairs should compell him to it . both which miscarriages i have heard a person of great honour well skilled in the art m●…litary , and no professed friend unto the duke , not to impute so much to the duke himself , who was raw , ignorant , and unexperienced in the warres ; as to sir william courtn●…y , and sir john borrowes , two great souldiers , who had the conduct of his counsels , the one being no lesse famous for his service at bergan ap zone , than the other was for his couragious holding out in defence of frankendale . and yet there was another thing no lesse contributing to the losse of the whole designe than these two miscarriages , viz : the negligence or long stay of the earle of holland , who being sent out with a new fleet for carrying ammunition , armes , and victuals towards the continuance of the siege , and guarding the passages into the island , trifled out so much time at court , and made so many halts betwixt that and plymouth , that he had not found his way out of that haven when the duke came back . it s true , the issue of this action was not answerable to the expectation , and yet i cannot be of our authours minde , ( who telleth us , fol : 71. ) that the isle of rhe was so inconsiderable , as had we lost there neither blood nor honour , and gained it into the bargain , it would have ill rewarded our preparation and charge of the expedition . ] for , had the english gained the island , they had not onely preserved the town of rochel , but by the advantage of that town , and the isle together , might easily have taken in the isle of oleran , and made themselves masters of the greatest part of the losse of aquitaine , if the ambition of the king had carried him unto f●…rraign conquests . and a commission granted by the king to five bishops , bishop laud being of the quorum to execute episcopall jurisdiction within his province . the cause impulsive to it was a supposed irregularity , &c. ] in this and the rest which follows , and touching the sequestration of the archbishop of canterbury , our authour runs himself into many errours . for , first bishop laud was not of the quorum , no more than any of the other , the commission being granted to the bishops of london , durham , rochester , oxford , and bathe and wells , or to any four , three , or two of them , and no more than so . secondly , the irregularity or supposed irregularity of the said archbishop was not touched upon in this commission , as the impulsive cause unto it , the commission saying onely in the generall , that the said archbishop could not at that present in his own person attend those services , which were otherwise proper for his cognizance and jurisdiction , and which as archbishop of canterbury he might and ought in his own person to have performed and executed , &c. thirdly , this supposed irregularity was not incurred upon the casuall killing of the keeper of his ( the archbishops ) game , as our authour telleth us , but for the casuall killing of the lord zouches keeper in bramhill parke , where the archbishop had no game , nor no keeper neither . fourthly , it was conceived by many pious and learned men , that there was something more incurred by that misadventnre than a supposed irregularity onely ; insomuch that neither dr. williams elect bishop of lincolne , nor dr. carew elect bishop of exeter , nor dr. laud elect bishop of st. davids , ( besides some others ) would receive cons●…cration from him , though it be true that the learned bishop andrews ( as our authour tells us ) did doe the archbishop very great service in this businesse , yet was it not so much for his own sake , or an opinion which he had , that no irregularity was incurred by that misadventure ; but to prevent a greater mischief : for , well he saw that if the archbishop at that time had been made irregular , dr. williams then b●…shop of lincolne , and lord keeper of the great seale ( a man in great favour with king james , but in more with the duke ) would presently have stept into that see ; and he knew too much of the man to venture that great charge and trust of the church of england to his car●… and government , the dangerous consequerces whereof he was able to foretell without the spirit of prophesie . the king of denmarke being reduced almost to a despondence and quitting of his kingdome . ] which as it was an occasion of great grief unto his confederates , so ●…o the emperour himself it grew no mat●…er of rejoycing . for , i have heard from ●… person of great nobility , that when the ●…ewes came first unto him , he was so farre from shewing any signes of joy , that he rather seemed much troubled at it ; of which being asked the reason by some of the principall men about him , he returned this answer , as long ( said he ) as this drowzy dane was in the head of the protestants army , we sh●…uld have wormed them out of their estates one after another ; but he being made unusefull to them , by this defeat , we shall have them bring the swedes upon us ; and there ( said he ) is a gallant young fellow who will put us to the last card we have to play . and so it proved in the event , for th●… next year the king of great britain and his brother of france negotiated with gustavus adolphus king of sweden ( then being in warre against the pole ) to carry his army into germany , which was done accordingly : what his successes were our authour telleth us hereafter in the course of this story . they who lately were confined as prisoners , are now not onely free , but petty lords and masters , yea and petty kings . ] i cannot chuse but marvell what induced our authour unto this expression of making the gentlemen assembled in the house of commons not only petty lords , but even petty kings . i have heard that k. james once said in a time of parliament ( but whether in the way of jeare , or otherwise , i am not able to say ) that there were now five hundred kings besides himselfe . and i know well what great advantage hath been made of those words of his ; whereof to any man that rightly understands the constitution of an english parliament , the commons are so farre from being either lords or kings , that they are not so much as a part of the supreme councell ; it being easie to be evidenced out of the writ which commands their attendance that they are called onely to consent and submit to such resolutions and conclusions ( ad faciendum & consentiendum his quae tum ibidem de communi consilio dicti regni nostri ( faciente deo ) contigerit ordinari , so the writs instruct us ) as should be then and there agreed on by the kings great councell , or the great councell of the kingdome . think you that men no otherwise impowred than so , could take upon them in themselves , or be reputed by our authour , as lords and kings ? and yet it may be i may wrong them , for our authour telleth us that their estates modestly estimated were able to buy the house of peers ( the king excepted ) though an hundred and eighteen . thrice over . ] in this there is one thing that i doubt , and two things which i shall take leave to consider of . the thing i doubt of is that the estates of the gentlemen assembled in the house of commons howsoever estimated , should be able to buy the house of peers , though it had contained thrice as many as it did , that is to say , three hundred fifty four of the lay-nobility . assuredly the b●…ronage of england must needs be brought exceeding low , when the gentlemen by chance assembled in the lower house ( and not called out of purpose for such an experiment ) could buy the house of peers thrice ov●…r ; there being not above five hundred of the one , and thrice one hundred and eighteen , that is to say , above three hundred and fifty of the other ranke : by which accompt every gentleman must be able to buy his two lords and a half one with another , the which i think no wise man can imagine . the first thing i consider of is , why our author should leave out the bishops for spirituall lords in this va . luation , as if they were no members of the house of peers : for that he doth not reckon them into the bargain is evident enough by the calculation , there being at that time an hundr●…d and eighteen temporall lords in the upper house . assuredly the b shops had sate there longer in their predecessors than any of the lay-nobility in their noblest ancestors ; and had as good right of sitting and of voting there , as either the prerogative royall , o●… the laws could give them . and it was ill done of our authour to exclude them now , and not well done ( by him that should have kept them in ) to exclude them afterwards . the rights and priviledges of holy church , confirmed in the first article of the magna charta , and sworn to by all kings succeeding , were never so infringed as by that exclusion . but the king soon found the sad effect ; and consequents of those ●…vil counsellors by which he was perswaded to it ; the next thing which was done in parliament being the taking away or abrogating of his own negative voice , and passing all subsequent laws and ordinances without his consent . and by this meanes , they brought to passe another point , which , as it seems , was aimed at from the beginning of that parliament ; it being told sir edward dering ( as he himself informs us in the collection of his speeches ) that if they could bring the lords to sit in the house of commons , and the king to be but as one of the lords , then their worke was done . this brings me to the second thing which i am to consider of , and that is why our authour should make the king to be no other than a member of the house of peers ; for when he tells us that the gentlemen in the house of commons were able to buy all the house of peers , except the king , it must needs follow that the king must be accounted of as one of that house , the said exception notwithstanding . so that by turning the b shops out of the house , and bringing the king into their place , he hath quite altered the right constitution and form of parliaments ; which antiently consi●…ed of the lords spirituall , the lords temporall , and the commons , as the three estates , over all which the king presided as the supreme head. its tru●… indeed that the king having passed away the b shops votes did after by a strang●… improvidence in a message or declaration sent from yorke on the 17th of june , reckon himselfe as one of the three estates , which being once slipt from his pen , and taken up by some leading men in the houses of parliament , it never was let fall again in the whole agitation of those controversies which were bandied up and down between them . nor did many of the kings owne party see the danger of it , who taking it for granted that the king was onely one of the three estates ( a member of the house of peers , as our authour makes him ) were forced to grant in pursuance of the said disputes , that the two houses of parliament were co-ordinate with the king , not subordinate to him : and what could follow thereupon , but that they might proceed ( as they did ) without him , that of co-ordinat a se invicem supplent , being a most undoubted maxime in the schools of logick . the attorney pleading eagerly though impertinently for the king. ] how eagerly the attorney pleaded for the king , i am not able to say , but it appeareth even by our authour himself , that his plea was pertinent enough , and drew so many of ●…he lords into his opinion , that the poular party , or lower-house-lords ( as ●…ome call them ) in the house of peers ●…urst not adventure it to vote till the lord say ( by drawing that house into a committee ) made this proposition , that the lords who were against the liberties of the subject should with subscription of their names enter their reasons to remain upon record , that posterity might not be to seek ( for so it followeth in our authour ) who they were who so ignobly betrayed the freedome of their nation : and that this done and not before they should go to voting . upon which terrible proposition the lords shrunk aside , as afterwards they did in the late long parliament , anno 1641. ( when frighted by the menaces of dr. burgesses myrmidons ) in the businesse of the earle of strafford ; and in the yeare 1642. on the like threatning motion made by mr. hollis , for passing the great bill of the militia . some say that when the multitude were be labouring him with stones and cudgels , they said that were his master the duke there , they would give him as much . ] and questionlesse they meant as much as they said , the duke being made so odious by the continuall prosecution of his adversaries in both houses of parliament , and the remonstrance made against him by the house of commons at the end of the last session ; that it was thought by most men that the dukes life and the publiqne safety could not stand together . on which inducements that fatall blow was struck by felton as it after followeth , fol. 90 , & 94. but whereas our authour tells us , fol. 90. that he declared as much in certain papers which were sticked to the lineings of his hat . i thinke he is something out in that , there being nothing found in his hat , or elsewhere about him , but a few loose papers , such as might well become those m●…n who make god the authour of their sinnes . his first ascribing of the fact to the late remonstrance was made to one dr. hutchenson ( chaplaine in ordinary ●…o the king , and then in the course of his attendance ) sent by the king of purpose assoon as the sad news was brought unto h●…m , to trie if he could learn out of him upon what motives he committed that most horrible murder ; and afterwards again and again , both at the time of his examination before the lords of the councell , and finally at the very instant of h●…s execution . but to return again to the threatning words used by the people in the murder of doctor lamb , i well remember , that this bald rhime was spread about not long after in pursuance of them , viz : let charles and george doe what they can ▪ the duke shall die like doctor lamb. and i remember also that about the same time there came out a chronogram ▪ in which the numerall letters of georgius dux buckinghamiae . viz : m. d. c. x. v. v. v. i. i. i. made up the yeare 1628. to which thes●… verses were subj●…yned , and being made by chance must needs be thought a strange prognostication of that which followed , viz : since with this yeare thy name doth so agree , then shall this yeare to th●… most fatall bee . and in the upshot were fined ( as was reported ) six thousand pounds . ] and this is all the city suffered for lambs death , not that they payed six thousand pounds , or ●…t any such fine was imposed upon them , but that they were abused with this false report . but to say truth ( i hope my masters of the city will excuse me for it ) a fine of 60000 li. had been little enough to expiate such a dangerous riot , and so vi●…e mu●…r , in which both mayor and magistrates had contracted a double guilt : fi●…t , in not taking care to suppresse the r●…ot , which in a discontented and u●…quiet city might have gathered strength , and put the whole kingdom into blood before its time . and ●…econdly , in not taking order to prevent the murder , or bring the malefactors to the b●…rre of justice . the pun●…shment of the principall actors in this barbarous tragedy migh●… possibly have preserved the life of the duke of buckingham ; and had the city smarted for not doing their duty , it might in probability have prevented the like riot at edinburgh , non ibi consistunt exempla ubi coeperunt , saith the court-historian , examples seldome ●…nd where they take beginning , but ei●…her first or last will finde many followers . and though lamb might deserve a farre greater punishment , than the fury of an ungov●…rned multitude could 〈◊〉 upon him ; yet suffering without form of law , it may very well be said that he suffered unjuftly , and that it was no small peece of injustice that there was no more justice done in rev●…nge thereof . connivance at great crimes adds authority to them , and makes a prince lose more in strength than it gets in love . for howsoever ma●…ers of grace and favour may oblige some particular persons , yet it is justice ( impartiall and equall justice ) that gives satisfaction unto all , and is the chief supporter of the royall throne . god hath not put the sword into the hands of the supreme powers that they should bear the same in vain , or use it only for a shew or a signe of sover●…ignty ; for then a scabbard with a pair of hilts would have served the turn . in his will he bequeathed to his dutchess the fourth part of his lands for her joynt●… . ] and that was no gr●…t joynture for so great a lady . i never heard that the whole estate in lands which the duke died d●…d of ( of his own purchasing or procuring under two great princes ) came to foure thousand pounds per annum , which is a very strong argument that he was not covetous , or did abuse his masters favours to his own enriching . and though hee had three hundred thousand pounds in jewels ( as our authour tells us ) yet taking back the sixty thousand pounds which he owed at his death , two hundred forty thousand pounds is the whole remainder ; a pretty ald●…ans estate , and but hardly that . compare this poor pittance of the dukes with the vast estate of cardinall ric●… ( the favourite and great minister of the late french king ) and it will seem no greater than the widows mit●… in respect of the large and cost y offerings of the scribes and pha●… : the cardinals estate being valued at the time of his death at sixty millions of franks in rents and monies , which amount unto six millions of pounds in our english estimate , whereas the dukes amounted not to a full third part of one million onely . such was the end of this great duke , not known to me either in his f●…owns or his favours ( nec beneficio nec injuria notus , in the words of tacitus ) and therefore whatsoever i have written in relation to him will be imputed ( as i hope ) to my love to truth , not my affections to his person . his body was from thence conveyed to portsmouth and there hung in chains , but by some stole and conveyed away gibbet and all . ] our authour is deceived in this , for i both saw the whole gibbet standing , and some part of the body hanging on it about three years after ; the people being so well satisfied with the death of the duke , that though they liked the murder , they had no such care of the wretch that did it . that which might possibly 〈◊〉 him was , the l●…ke injury done by some puritanicall zealots to the publick justice in taking down ( by stealth ) the body of enoch ap evans that furious welch-man who killed his mother and his brother for kneeling at the blessed sacrament of the lords supper , and for those 〈◊〉 fact●… was hang●…d in chains not farre from shrewsbury . the narrative whereof was published in print by one mr. studly , and to him i ref●… the reader , if he desire any farther satisfaction in it . after this mr. montague ' s booke called appello caesarem was called in by proclamation . ] this proclamation beareth date the 17th day of january : in which it was to be observed that the book is not charged with any false doctrine , but for being the first cause of those disputes and differences which have since much troubled the quiet of the church . his majesty hoping that the occasion being taken away , m●… would no longer trouble themselves with such unnecessary disputations . whether his hi●… did well in doing no more , if the book contained any false doct●… in it ; or in doing so much , if it were done only to please the parliament ( as our authour tel●… us ) i take not upon me to determine . bu●… certainly it never falleth out well with christian princes , when they make religion bend to policy , and so it hapned to this king , the calling in of montague's book , and the advancing of dr. barnaby potter ( a thorow-paced calvinian ) unto the 〈◊〉 of carl●…sle at the same time also , could not get him any love in the hearts of his people , who looked upon those acts no otherwise than as tricks of king craft . so true is that of the wise historian ( whom i named last ) inviso s●…mel principe , 〈◊〉 bene facta ▪ ceu male facta premunt , that is to say , when p●…inces once are in discredit with their subjects , as well their good actions as their bad , are all counted grievances . for 〈◊〉 informations were very pregnant , that notwithstanding the resolution of the archbishop of canterbury , and other reverend bishops and divines assembled at 〈◊〉 , anno 1595. &c. ] our authour in this folio gives me work enough by setting out the large spreading of arminianisme , and the great growth of popery in the church of england . first , for arminianisme , hee telleth us that the proofs thereof were very pregnant . how so ? because the nine articles made at lambeth , had not of late been so much set by , as he and the committee for religion did desire they should . why m●…n ? the articles of lambeth were never looked on as the doctrine of the church of england , nor intended to be so looked on by the men that made them , though our authour please to tell us in following words , that they were made of purpose by the said archbishop and divines to deliver and declare their opinions concerning the sense of the nine and thirty articles in those particulars . for though those articles might and did deliver their opinions in the points disputed , yet were they but opinions still , and the opinions of private and particular men are no publick doctrines . therefore to set this matter right , i will first lay down the true occasion of the making of these articles . secondly , of what authority they were when made and agreed upon . and thirdly , what might move king james to recommend them first to the church of ireland , and after to the assembly at dort , and not ( as our authour tells us ) by a strain hysteron proteron to the assembly at dort first , and to ireland afterwards . and fi●…st for the occasion of these articl●…s we may please to know , that the first reformers of this church look neither on the lutheran or calvinian doctrines as their rule and guide , but held themselves unto the constant current of approved antiquity : to which the melancthonian way b●…ing thought most consonant , was followed not onely by bishop hooper in his treatise on the ten commandements , and by bishop latimer in some pass ges of his sermons ; but also by the compilers of the book of articles , and the book of homilies , the publick monuments of this church in points of doctrine . but the calvinian way having found some entrance , there arose a difference in the judgments of particular men touching these debates ; the matter being controverted pro and con by some of the confessors in prison in qu. maryes dayes . after whose death many of our exiled divines returning from geneva , basil , and such other places where calvins dictates were received as celestiall oracles , brought with him his opinions in the points of predestination , grace and per●…everance ; which they dispersed and scattered over all the church ; by whose authority , and the diligence of the presbyterian party , ( then busie in advancing their holy discipline ) it came to be universally received for the onely true and orthodox doctrine , and was so publickly maintained in the schools of cambridge . insomuch that when peter baro a frenchman , professour for the lady magaret in that university , revived the melancthonian way in his publick lectures , and by his arguments and great learning had drawn many others to the same perswasions ; complaint was made thereof by dr. whitakers , dr. willet , mr. chatterton . mr. perkins , and certain others to the ld. archbishop of canterbury ( dr. whitgift ) desiring his assistance to suppresse that f●…ction , which was like to grow by this means in that university . on which complaint the said archbishop calling to him to lambeth doctor richard flecher then bishop of london and doctor richard vaughan then elect of bangor , did then and there with the advice o●… ▪ dr. whitakers , dr. tindall , and some other divines ( most of them parties to the suit ) agree on these nine articles ( which our author peaks of ) to be sent to cambridge for the ●…termining and comp●…g of the present controversies . and this was done ●…pon the 26th of november , anno 1595. and being so done and sent accordingly to cambridge , dr. baro found himself so discouraged and discountenanced , that at the end of his first three years he relinquished his professourship , and retired not long after into france ; leaving the university in no small disorder for want of such an able instructor to resort unto . we are to know also , that amongst others of baro his followers , there was one mr. ster barret , who in a sermon preached in st. maryes church , not onely defended baro his doctrine , but used some offensive words against calvin , beza , and some others of the reformators , for which he was convented before the heads of the university ( amongst which doctor james montague then master of sydney coll. and a great stickler in this quarrell , was of great authority ) and by them may the 5th next following , was enjoynd to recant , and a set form of recantation was prescribed unto him : which though he read publickly in the church , yet the contentions and disputes grew greater and greater till the coming down of the nine articles from lambeth , hastened with greater earnestnesse upon this occasion . secondly , these articles being thus made and agreed upon , we are next to see of what authority they were in the church of england , and how long they continued in authority in the schools of cambridge : concerning which we are to know , that the making of these articles being made knowne to queen elizabeth by william lord burly lord treasurer of england , and chancellour of that university ( who neither liked the tenets , nor the manner of proceeding in them ) she was most passionately offended that any such innovation should be made in the publick doctrine of this church ; and once resolved to have them all a●…ted of a praemunire . but afterwards upon the interposition of some friends , & the reverent esteem she had of that excellent prelate , the lord archbishop , ( whom she used to call her black husband ) she let fall her anger ; and having favourably admitted his excuse therein , she commanded him speedily to recall and suppresse those articles : which was done with so much care and diligence , that for a while , a copie of them was not to be found in all that university , though afterwards by little and little they peeped forth again . and having crept forth once again , it was moved by dr. reynolds in the conference at hampton court , a●… . 1603. that the nine assortions orthodoxall , as he termed them , conclu●…ed upon at lambeth , might be inserted into the booke of articl●…s ( that is to say , of the church of england . ) the king was told ( who never had heard before of those nine assertions ) that by reason of some controversies , arising in cambridge about certain points of divinity , my lords grace assembl●…d some di●…ines of especiall note to set down their opinions , which they drew into nine assertions and so sent them to the university for the appeasing of those quarrels : which being told his majesty , answered , that when such questions arise among scholars , the quietest proceeding were to determine them in the university , and not to stuffe the book with all conclusions theologicall , conf. p 24. 40. 41. so that these nine assertions being first pressed at cambridge by the command of qu. elizabeth , and afterwards esteemed unfitting to be inserted into the book of articles by the finall judgement of king james ; there is no reason in the world , why any man should be traduced of arminianisme , or looked on as an enemy of the true religion here by law established , for not conforming his opinions to their no-authority . it is not the meeting of a few b●…shops and divines in the hall at lambeth , but the body of the whole clergy lawfully assembled in convocation , wh●…ch hath authority in determining controversies in faith , and to require conformity to such determinations and conc●…usions as are there agreed on : when the nine articles of lambeth shall be so confirmed , our authour may declare them for the doctrine of the church of england , and traduce all men for arminians which subscribe not to them . thirdly , in the last place we are to see what moved king james to recommend these articles to the church of ireland , and afterwards to the assembly at dort. and herein we must understand that dr. james montague , at that kings first entrance on this crown , was made dean of the chappell , ( which place he held not onely when he was bishop of wells , but of winchester also ) who being a great stickler in the quarrels at cambridge , and a great master in the art of insinuation , had cunningly fashioned king james unto these opinions , to which the kings education in the kirk of scotland had before inclined him . so that it was no very hard matter for him ( having an archbishop also of his own perswasions ) to make use of the kings authority , for recommending those nine articles to the church of ireland , which he found would not be admitted in the church of england . besides , the irish nation at that time were most ten●…ciously addicted to the e●…rours and cor●…uptions of the church of rome , and therefore must be bended to the other extreme , before they could be strait and ortho●…ox in these points of doctrine , which reason might work much upon the spirit of that king , who used in all his government ( as a piece of king-craf●… ) to ballance one extreme by the other , countenancing the papist against the puritan●… , and the puritane sometimes against the papist , that betwixt both the true religion and the professours of it might be k●…pt in sa●…ety . on what accompt these nine articles were commended to the assembly at dort we have shewed before , and upon what accompt they were abolished in the church of ireland , we shal●… see hereafter . in the mean time our author telleth us that by the prevalency of the bishops of london and westminster the orthodox party were depressed , & the truth they served was scarce able to protect them to impunity . ] a man would think our author were chairman at the least in a committee for religion ; for he not onely takes upon him to declare who are orthodox in point of faith , and what is truth and not truth in matter of controversie , but censureth two great bishops ( both of them counsellors of state ) for depressing both . this savoureth more of the party than of the historian , whom it might better have become to have told us onely that a controversie being raised in matters of a scholasticall nature , those bishops favoured the one party more than they did the other , and not have layd it down so majesterially that they disfavoured the orthodox party and deprest the truth , or that the truth they served was scarce able to protect them to impunity . ] a very heavy charge which hath no truth in it . for i am very confident that neither of these bishops did ever draw any man within the danger of punishment , in relation only to their tenets in the present controversies , if they managed them with that prudence and moderation which became men studiously affected to the gospel of peace ; or were not otherwise guilty of creating disturbances in the church , or ruptures in the body of the common-wealth . on which occasions if they came within the danger of 〈◊〉 censures , or fell into the power of the high commission ; it was no reason that their tenets in the other points ( were they as true as truth it selfe ) should give them any impunity , or free them from the punishment which they had deserved . but it hath been the constant artifice of the churches enemies , not to ascrib●… the punishment of factions and scismaticall persons to the proper cause , but to their orthodoxie in religion , and zeal against popish superstitions , that so they might increase the number of saints and confessours against the next coming out of the book of martyrs . but arminianisme being as some say , but a bridge to popery , we will p●…sse with our authour over that bridge to the hazard which was feared from rome ; and that he telleth us came two waies : first , by the uncontrouled preaching of severall points tending and warping that way by montague , goodman , cozens , and others . ] and here againe i thinke out authour is mistaken : for neither montague nor cozens were questioned for preaching any thing which warped toward popery , but the one of them for writing the book called appello caesarem , the other for publishing a body of devotions according to the hours of prayer : in neither of which an equall and judicious reader will finde any popery , unlesse it be such part-boyled popery as our authour speaks of , whereof more anon : and as for goodman ( our authour might have called him bishop goodman , though now he be but goodman bishop , as he calls himselfe ) though he preached something once which might warp toward popery , yet he did not preach it uncontrouled , being not onely questioned for it , but sentenced to a recantation before the king. he telleth us of some others , but he names them not , and till he names them he saies nothing which requires an answer . so that the first fear which flowed from rome , being ebbed again , we next proceed unto the second ; which came , saith he , from the audacious obtruding of divers superstitious ceremonies by the prelates , as erecting of fixed altars , the dapping and cringing towards them , and the standing up at gloria patri . ] our authour is more out in this than in that before , for i am confident that no bishop in the times he speaks of , did either command the erecting of fixed altars , or the bowing or cringing towards them ; nor have i heard by any credible report , that any such fixed altars were erected , as he chargeth on them . so that i might here end this observation without farther trouble . but because the placing of the communion table altar-wise did carry some resemblance to the altars used in the church of rome , and that some such thing was done in some churches much about this time ; i shall here shew upon what reasons it was done , and how farre they that did it might be justified in it . the reader therefore is to know that by the late neglect of decency and good order in most parish churches of this land , the communion table had been very much profaned by sitting on it , scribling and casting hats upon it in sermon-time ; at other times by passing the parish accompts , and disputing businesses of like nature , to the great scandall and dishonour of our religion . for remedy and redresse whereof , it seemed good unto some bishops and other ordinaries , out of a pious zeal to the churches honour , and for the more reverent administration of the holy sacrament , to g●…ve way that the commun on table might be removed from the body of the chancel where of late it stood , and placed at the east end thereof all along the wall , in the same place and posture as the altars had been scituated in the former times : for which permission i doubt not but the bishops and other ordinaries had sufficient ground both from law and practise . and first for law , there passed an act ( and it was the first act of queen elizabeths reig●… ) for restoring to the crown the antient jurisdiction and rights thereof : by virtue of which act , and the authority which natu●…ally was inherent in her royall person , she pub●…ished certain injunctions , anno 1559. in one of wh●…ch it was thus ordered and enjoyned , that is to say , that the holy table in every church be decently made and set in the place where the altar stood , and there commonly covered as thereto belongeth , and as shall be appointed by our visitors . in the same parliament there passed also another statute for confirmation of the book of common prayer , wherein it was enacted , that if it shall happen that any contempt or irreverence be used in the ceremonies or rites of the church by the misusing of the orders appointed in this book , the queens majesty may by the like advice of the said commissioners or metropolitan , or dain and publish such further ceremonies or rites as may be most for the advancement of gods glory , the edifying of his church , and the due 〈◊〉 of christs mysteries and sacraments . and in pursuance of this act there came out first a book of orders , anno 1561. and afterwards a booke of advertisments , anno 1565. so made and authorized as the law required . in the first of which it was appointed , that in such churches where the steps were not taken down the communion table should be placed on the steps where the altar stood , and that there be fixed on the wall over the communion boord the tables of gods precepts , imprinted ●…or the said purpose . and in the second it was ordered , that the parish should provide a decent table , standing on a frame for the communion table , which they shall decently cover , &c. and shall set the ten commandements upon the east wall over the said table . lay these together , and the product will be briefly this , that the communion table was to stand where the altar stood , above the steps , and under the commandements , and therefore to bee placed altar-wise all along the wall . and that this was the meaning of them appeareth by the constant practise of the royall chappels , many cathedrals of this land , the chappels of great men , and some parochial churches also , in which the communion table never stood otherwise than in the posture of an altar since the reformation , without the least suspition of popery , or any inclinations to it : but of this more hereafter in another place . secondly , the next thing here objected is bowing or cr●…ging ( as my author calls it ) toward the said table so transposed and placed altar-wise , which many of the bishops used , but none of them ever did obtrude upon any other , who in this point were left unto the liberty of their owne discretion . that adoration towards the altar , or eastern part of the church ( be it which it will ) was generally used by the best and most religious christians in the primitive times , our authour ( if he be the man he is said to be ) being well versed in the monuments and writings of most pure antiquity , cannot chuse but know ; and therefore must needs grant also that it is not popery , or any way inclining to it : or if it be , we shall entitle popery unto such antiquity , as no learned protestant can grant it . t is true indeed , that this bowing toward the east , or altar , had been long discontinued in the church of england . and i have been informed by persons of great worth and honour , that it was first revived again by bishop andrews ; of whom our author telleth us , fol. 64 that he was studiously devoted to the doctrine of the antient fathers , and primitive , not onely in his aspect and gesture , but in all his actions . this in a man so primitive in all respects , so studious of antiquity , as our authour mak●…s him ; so great an enemy to the errours and corruptions of rome as his apologie against cardinal bellarmine , his answer to cardinal peron , and his tortura torti , have declared him to be , would blast his fame by the reviving of a popish ceremony : and if it were no reproach nor dishonour to him to be the first that did revive it , i see no reason why it should be counted an audaciousnesse in the rest of the prelates to follow the primitive and uncorrupt usage of the church , countenanced by the example of so rare a man : though i confesse audaciousnesse had been a term too modest , had they obtruded it on the clergie by their sole authority , as is charged upon them in this place . thirdly , the next audaciousnesse here spoke of , is the obtruding of another ceremony on the church of england , that is to say , the standing up at gloria patri . never obtruded i am sure , nor scarce so much as recommended , there was no cause for it ; the people in so many pl●…ces of this realm being accustomed thereunto as well as unto standing up at the creed and gospels , without any interruption or discontinuance ▪ i grant ●…deed that the rub●…cke of the common-prayer-booke neither requireth standing at the gospels , or the gloria patri , and yet was standing at the gospels of such generall usage in all the parts of this land , that he that should have used any other gesture , would have been made a laughing-stock , a contempt , and scorn to all the residue of the parish . b●…sides the rubrick of the church requiring us to stand up at the creed , obligeth us by the same reason to stand up at the gospels and the gloria patri ; the gospels being the foundation of the creed , as the gloria patri is the abstract and epitomie of it , or were it otherwise , and that the rubrick which requireth us to stand at the creed gave no authority to the like posture of the body in the gloria patri , yet many things may be retained in a reformed church without speciall rubricks to direct them , ex vi catholicae consu●…tudinis , by vertue of the generall and constant usage of the church of christ , especially where there is no law unto the contrary , nor any offence committed against faith and piety . if it be asked why standing at the gloria patri should be discontinued in some places when standing at the gospels was retained in all , there being no more authority for the one than the other ; i will give the reader one answer , and my authour shall help him to another . the answer which i shall give is this , that though the rubricks did require , that the gloria patri should be said at the end of every psalme , throughout the yeare , and at the end of benedictus , the magnificat , and the nunc dimittis , yet was this order so neglected in most parts of the realm , as puritanism and innovation did gain ground upon it that it was very seldome used . and when the form it self of giving glory to god was once layd aside , no marvel if the gesture which attended it was at last forgotten . if this suffice not , i sh●…ll borrow our authors help for a further answer , who telleth us of archbishop abbot , fol. 127. that his extraordinary remissnesse in not exacting strict conformity to the prescribed orders of the church in the point of coremony , seemed to resolve those legall determinations to their first principle of indifferency , and led in such an habit of inconformity , as the future reduction of those tender-conscienced men to long discontinued obedience was interpreted an innovation : then which nothing in the world could be said more truly . i have said nothing of the antient and generall usage of those severall ceremonies , because the question is not now of the antient usage , but whether and how farre they were to be used , or not used in the church of england according to such rubricks , lawes , and ganons which remain in force . nor shall i adde more at the present , than that i think our authour hath not rightly timed the businesses in dispute between us , the placing of the communion table a●…tarwise , bowing or cringing toward it ; and standing at the gloria patri , not being so generally in use at the time of this parliament as to give any scruple or offence to the greatest zealots : or if they were , they could not honestly be fathered on archbishop laud , as countenanced or brought in by him in the time of his government , of which more hereafter : our authour now draws toward an end , and telleth u●… finally , but th●…se were but part-boyled popery , or popery obliqu●… . ] so then the ceremonies above-mentioned how primitive soever they were must be damned for popery , though it be onely part boyled and oblique popery , as our authour calls it ; and with that brand , or by the name of english popish ceremonies ( as the scotish presbyterians term them ) the rest as well as these may be also blemished : but let them call them what they will , we see now by a most wofull and lamentable experience that the taking away of these part boyled poperies , these english popish ceremonies , or whatsoever e●…se the malignity of any men shall please to call them , the substance of religion hath been much impaired ; and by this breaking down of the pale of the vineyard , not onely the little foxes have torn off her elusters , but the wilde bores have struck at her very root . i have no more to add●… now , but a witty and smart epigram made on this , or the like occasion , and is this that followeth . a learned p●…late of this land thinking to make religion stand , with equall poize on either side , a mixture of them thus he try'd : an ounce of protestant he singleth , and then a dram of papist mingleth , with a scruple of the puritane , and boyled them all in his brain-pan ; but when he thought it would digest the scruple troubled all the rest . the greatest danger was from popery direct . and from this the danger appeared very great , &c. ] and here i thought i should have heard , that some points of direct and down right popery had been obtruded by the b●…shop , and prelaticall clergy ; but on the contrary , i finde all silent in that case , and good reason for it . whence then appeared so great a danger ? not from the introducing of popish doctrin●…s , but increase of papists , and that not onely in some counties of england , but in the kingdomes of scotland and ireland also : with those of scotland and ireland i forbear to meddle , though the committee for religion having an apostolical care of all the churches , did take them also into their consideration ; marvailing onely by the way , how our brethren of the kirke , ( who stood so high upon the termes of their independencie ) could brook , that their affaires should be so much looked into by an english parliament . but where our author telleth us , that in some counties of england , the papists were multiplied to some thousands of families , more than there were in queen elizabeths time , there may be very good reason given for that : for since the death of qu●…en elizabeth , the holy-dayes had been made dayes of common labour , and yet all sports prohibited on the sunday also : the common-prayer-book either quite neglected , or so slubbered over , that there was no face of regular devotion to be found amongst us ; the churches in most places kept so slovenly , and the behaviour of the people so irreverent in them , that it is no mervail that men desirous to worship god in the beauty of holinesse , should be induced to joyn●… themselves to such societies of men , as seemed to have more in them of a christian church . the king having thus dissolved the parliament , &c. ] that is to say , after so many indignities , and provocations , as were given unto him by the disorder & tumultuous carriage of some of the members , which our author very handsomely and ingenuously hath described at large ; it was the opinion of most men , as our author telleth us , fol. 132. that the dissolution of this par●…lament was the end of all : and certainly there was very good reason why it might be thought so , the king never having good successe in any of his parliaments , since his first coming to the crown ; and withall , having an exampl●… before his eyes , of the like discontinuance of assembling the three estates in the realme of france , by the king then reigning , and that upon farre lesse provocations then were given king charles . for whereas in an assembly of three estates , anno 1614. the third estate , which represents our house of commons , entrenched too busily upon the liberties of the clergy , and some preheminencies and exemptions which the nobility enjoyed by the favour of some former kings ; it gave the king so great offence , that he resolved first to dissolve them , and never after to be troubled with the like impertinencies . nor was there since that time , any such assembly , nor like to be hereafter , in the times ensuing , those kings growing weary of that yoake , which that great representation did indeavour to impose upon them . but because he would not cut off all communication betwixr himselfe and his people , he ordained another kind of meeting in the place thereof , which he called la assembli des natables , that is to say , the assembly of some principall persons ; composed of some selected persons out of every order or estate ( of his own nomination ) whereunto should be added some counsellor out of every court of parliament ( of which there are eight in all in france ) throughout that kingdome ; which being fewer in number , would not breed such a confusion , as the generall assembly of the states had done before , and be withall more pliant and conformable to the kings desires ; and yet their acts to be no lesse obliging to all sorts of people , then the others were . such an assembly as this , ( but that the clergy had no vote in it ) was that which was called here by my lord protector , immediately after the dissolving of the late long parliament , who possibly had his hint from this institution . and this may teach all parliaments in the times succeeding , to be more carefull in their councils , and use more moderation in pursuance of them , especially when they meet with an armed power , for fear they should not onely interrupt , but cut off that spring , from whence the blessings both of peace and happinesse , have formerly been der●…ved on this church and state. no man can love his f●…tters though they be of gold. if therefore parliaments should finde no way to preserve the liberty of the peopl●… , but to put fetters on the prince or power that calls them , if from being counsellors , at the best they shall prove controulers , they must blame no body but themselves . in the meane time that saying of paterculus may be worth their noting , non turpe est ab eo vinci quem vincere esset nefas ; it i●… no shame ( saith he ) to submit to those , whom it were sinne to overcome . to which he answered , that he ever was , and wo●…ld be ready to give an account of his sayings , and doings in that place , whensoever he should be called unto it by that house , where ( as he taketh it ) he was onely to be questioned . ] this is the first seed of that doct●…ine , which after took such deep root in the houses of parliament , viz. that no member ought to be questioned for any thing said or done in pa●…liament , but by the order of the house , of which he was a member . and to this resolution the judges of this time seemed to give some countenance , who having before declared , in favour of the house of commons , that by the arresting of digges and eliot , the whole house was under an arrest , did now declare that the star. chamber ( in which court the king intended to proceed against them ) had no jurisdiction over offences done in parliament . but this was onely in an extra-judiciall way , being interrogative to that purpose by the king at greenwich , as our author ●…elleth us , fol. 106. for the same judges sitting on the seat of judicature , where ●…hey were to act upon their oathes , could finde both law and reason too , to bring their crimes within the cognisance of the courts of justice . and severall fines accordingly were imposed upon them , most of which were paid , and the gentlemen afterwards released from their imprisonments . if any of them did refuse to pay such fines as were set upon them , they were men either of decayed , or of small estates , and so not able to make payment of the fines imposed . surpassing exultation there was thereat , & all the court kept jubile , &c. ] and there was very good reason for it , not onely that the court should keep a jubile at the birth of the prince , but that surpassing exultation should be thereat in all honest hearts . but i can tell you it was otherwise with too many of the puritane party , who had layed their line another way , and desired not that the king should have any children ; insomuch that at a great feast in friday street , when some of the company shewed great joy at the news of the queens fi●…st being with childe , a leading man of that faction ( whom i could name were it worth the while ) did not stick to say . that he could see no such cause of joy for the queens being with childe ; but god had already better provided for us than we had deserved , in giving such a hopefull progenie by the queen of bohemia , brought up in the reformed religion ; whereas it was uncertain what religion the kings children would follow , being brought up under a mother so devoted to the church of rome . and i remember very well that being at a town one daies jurney from london , when the newes came of the princes birth , there was great joy shewed by all the rest of the parish , in causing bonefires to be made , and the bells to be rung , and sending victuals unto those of the younger sort , who were most busily imployed in that publick joy ; but so that from the rest of the houses being of the presbyterian or puritane partie , there came neither man nor childe , nor wood nor victuals , their doors being shut close all that evening , as in a time of generall mourning and disconsolation . where was an old skulking statute long since out of use though not out of force , &c. ] the statute which our author means was made in the first year of edward the second , and made more for the benefit and ease of the subject , than for the advantage of the king ; this statute requiring non●… to take the order of knighthood , but such as had twenty pounds per annum of clear yearly rent , whereas before that time all men of fifteen pound rent per annum were required to take it . this proves it to be very old , but why my author should call it a skulking statute , i can see no reason , considering that it lay not hidden under the rubb●…sh of antiquity , but was an open printed statute , not onely to be seen in the collection of the statutes and the books at large , but in the abridgements of the same : and being a statute still in force ( as our author ●…elleth us ) might lawfully be put in practise whensoever the necessities of the king should invite him to it . but whereas our author telleth us , that the persons mentioned in that statute were not required to be made knights as was vulgarly supposed , but onely ad arma gerenda , to bear armes , and thereupon telleth us a story of a sword and a surcoat to be given unto them , i rather shall believe the plaine words of the statute , than his interpre●…ation of it . the title of it is in latine statutum de militibus , or a statute for knights as the english hath it ; the words as followeth , viz. our soveraign lord the king hath granted that all such as ought to be knights , and be not , and have been distrained to take upon them the order of knighthood before the feast of the nativity of our lord , shall have respect to take upon them the foresaid armes of knighthood untill the utas of s. hilarie , &c. where certainly to be made knights , to take upon them the order of knighthood , and the armes of knighthood , are somewhat more than onely and simply to bear armes , as he faine would have it : were it no otherwise than so , there were some hundred thousands of none or very little estate as fit or fitter to bear armes than men of twenty pound rent per annum , which was a plentifull revenue as the times then were ; and fitter it had been to have called such men unto a generall muster in their severall counties than to command them to attend at a coronation . nor had the sages of the law been capable of excuse for their false translations , if they should render ad arma militiae gerenda ( for so i think the latine hath it , though the most significant word thereof be left out by our author ) by taking on them the armes of knighthood , if there were nothing more intended than the bearing of armes ; by meanes whereof the subject of the following ages might be very much burdened , and the noble order of knighthood no lesse dishonoured without any remedy . and besides this , in case the letter of the statute in french or latine had been onely to bear armes , not to take the order of knighthood ; the late long parliament would rather have questioned the kings ministers for their acting by it , then troubled themselves with repealing it , as they after did . for such was the misery of this king , that all the advantages he had to help himselfe , must be condemned , as done against the old lawes of the land , or else some new law shall be made to deprive him of them , that wanting all other meanes to support himselfe , he might be forced to live on the almes of his parliament . this winter the marquesse of hamilton was very active in mustering up his forces for the king of swedens assistance , &c. ] that so it was in the kings intention , i shall easily grant , but that the marquesse had no other end in it than the king of swedens assistance , hath been very much doubted , the rather in regard that he raised all or the greatest part of his forces out of scotland , where he was grown very popular and of high esteem : for , being gotten into the head of an army of his own nation , he had so courted the common souldiers , and obliged most of the commanders , that a health was openly began by davidramsey ( a boisterous ruffian of the court ) to king james the seventh , and so much of the designe discovered by him unto donald mackay baron of re●… then being in the marquesses camp , that the loyall gentleman thought himselfe bound in duty to make it known unto the king. ramsey denying the whole matter , and the lord having no proof thereof ( as in such secret practises it could hardly be ) more than a confident asseveration , and the engagement of his honour ; the king thought good to referre the controversie to the earle of lindsey , whom he made lord high constable to that end and purpose : many daies were spent accordingly in pursuance of it . but when most men expected that the matter would be tried by battell , as had been accustomed in such cases , the businesse was hushed up at court , the lord ree dismissed to his employments in the warres ; and to the minds of all good men the marquesse did not onely continue in the kings great favour , but ramsey was permitted to hold the place of a gentleman of the privy chamber , which had been formerly procured for him . as for the army of scots which the marquesse had carried into germany , they mouldred away by little and little , without doing any thing , which put the marquess on new councils of getting that by practise when it was lesse thought of , which he could not get by force of armes as the case then stood . tilly conducted a numerous army for the relief of rostock , then besieged by the king of sweden ; the king alarmed at his coming , drew out of his trenches , &c. ] in this relation of the great ●…out which the king of sweden gave to tilly , there are many mistakes . for neither was that great battail sought neer rostock a hanse town in the dukedome of mecklenbourg , but neer lipsian a chief town in the province of misnia , some hundreds of miles higher into the countrey ; nor did the king of sweden after this great victory returne back with his army towards rostock , but in pursuance of his blow marched forward , and made himself master of all those parts of the country into which he came ; nor was this battail fought in the yeare 1630 , where our authour placeth it , ( so much doth he mistake himselfe both in place and time ) but in the year next following . for many had no fancy to the work , meerly because he was the promoter of it . ] our author speakes here of the repairing of saint pauls , and telleth us that it suffered great diminution for the bishop of london's sake , who was the chief promoter of it , in which he is very much mistaken . the worke had been twice or thrice before attempted without any effect , but by his diligence and power w●…s brought in shore time to so great forwardnesse , that had not his impeachment by the house of commons , in the late long parliament , put a period unto his indeavours , it had been within a very few yeares , the most goodly pile of building in the christian world . and whereas our author tells us , that many had no fancy to the worke , because he promoted it , it was plainly contrary , his care in the promoting it , being one great reason why so many had a fancie to it , most of the clergy contributing very largely unto it , partly in reference to the merit of the worke it selfe , and partly in regard of those preferments , which they either had received , or expected from him . the like did most of the nobility and gentry in most p●…rts of the land , knowing the great power and favour which he had wi●…h the king , and the many good offices he might doe them , as occasion served . if any had no fancy to it , as indeed some had not , it was rather in reference to the worke it s●…lfe , then in relation to the man ; it being more in their desires that all the cathedrals should be ruined , then that any one should be repaired witnesse that base and irr●…rent expression of that known schismatick , doctor bastwick , in the second part of his letany , where grudging at the great summ●…s of money , which had been gathered for the repairing of this church , al'●…ding to the name of cathedrall , he concludes ●…t last ( pardon me reader for defi●…g my pen , with such immodesties ) that all the mighty masse of money , must be spent in making a seat for a priests arse to sit in . and doubt we not , but many more of that faction were of his opinion , though they had not so much violence , and so little wit , as to make declaration of i●… . but should he long deferre that duty , they ●…ight perhaps be inclined to make choice of another king. ] i do not think that any of the scots ever told him so , whatsoever they though●… ; or if they did , the king might very well have seen ▪ that there was more truth in the lord of roes information , then he was willing to believe , and might accordingly have taken course to prevent the practice . but who can save him , who neglects the meanes of his preservation ? so true is that of the historian , profecto in eluctabilis fatorum vis cujus fortunam mentare constituit , ejus corrumpit consilia ; assuredly ( ●…th he ) when the unresistable powers of f●…te determine on a mans destruction , they either overthrow or corrupt those councels , by which he might otherwise avoide it . a max●…me verified in the whole course and carriage of this kings affaires , neglecting wilfully ( to keep up the credit of an old principle which he had embraced ) all such advertisements as tended to his preservation . it was a saying of king james , that suspition was the sicknesse and disease of a tyrant , which laid him open to all the subtill practises of malitious cunning ; and it was a maxime of king charles , that it was better to be deceived , then to distrust , which proved a plaine and 〈◊〉 way unto those calamities , which afterwards were brought upon him , as may be plainly seen by the course of this history . but the entertainment most of all august and royal was that of the earl of newcastle , at welb●…ck , which was estimated to stand the earl in at least six thousand pounds . ] i have shewed our author some mistakes already in his temporalities ( as he calls them ) and now i shall shew him one or two , besides his misplacing of the battaile of tisfique spoken of before ▪ in his localities also ( to give him a fine word of his owne complection . ) that the earl of newcastle entertained the king at welb●…k in his passage towards scotland , is a truth unquestioned . but the magnificent entertainment so much talked of , which cost the earl the summe of six thousand pounds , as our author telleth us , was neither made in the time or place which are herein mentioned ; that in the time of the kings going toward scotland , or returning thence , anno 1633 , but on the last of july , in the yeare next following ; nor was it made at welbeck , but at boalsover castle in derby shire , about five miles thence ; nor for the entertainment of the king onely , but of the king and queen , and their severall courts . the like mistake in matter of locality ( that i may not trouble my selfe with it at another time ) occurreth , fol. 129. where he telleth us , th●… both their majesties , with their train of court gran●…s , and gentlemen revellers , were solemnly invited to a most sumptuous banquet at guildhall , where that ●…lendent shew was iterated and re-exhibited ; whereas indeed the entertainment which the city gave ( at that time ) to the king , was at the house of alderman freeman , then lord major , scitu●…e in cornhill n●… the royall exchange , and the entertainment which the king gave unto the city , by shewing them that glorious maske , was at the merchant taylers hall in thredneedle-street , on the backside of the lord majors house , an open passage being made from the one to the other , which , as it was the first act of popularity , which the king did in all his r●…ign , so it beg●… a high degree of affection towards him , in the hearts of the citizens , though it proved only like a widows joy , ( as the saying is ) as soon lost as foun●… . soon after the coronation followed an assembly of parliament , &c. ] in this parlmany acts were passed , one for s●…ling a c●…rtain maintenance on the scotish clergy , who being robbed of their tithes by the lords and gentry in the beginning of the reformation , were kept to arbitrary stipends , which rendred them obnoxious to the power of the great ones , on whose bounty they depended ; to remedy this , k. james endevour'd a se●…led maint●…nance on them , after he came to the english crown , but eff●…cted by the great care and industry of k. charles , and confirmed this parliament . how these ungratefull men did requite him afterwards , our author will inform us in the course of his history . this done , he hastened home , that is , unto the embraces of his deare consort , where he ended his progresse july the 20. ] the queen was then at greenwich , when the king came to her , and to which place he came both suddenly and privately by post-horses , crossing the water at black wall , without making his entrance into london , or his passage by it . whereas queen elizabeth did very seldome end any of her summer progresses , but she would wheele about to some end of london , and make her passage to white-hall , through some part of the city ; not onely requiring the lord major and aldermen in their scarlet robes , and chaines of gold , to come forth to meet her , but the severall companies of the city to attend sole●…nly in ●…hcir formalities as she passed along . by ●…anes whereof , she did not onely pre●…erve the majestie which did of right be●…ong to a queen of england , but kept the citizens ( and consequently all the subjects ) in a reverent estimation and opinion of her . she used the like arts also in keeping up the majesty of the crown , and service of the city , in the reception and bringing in of forreign embassadors : who if they came to london by water , were met at gravesend by the lord major , the aldermen , and companies in their severall barges , and in that solemn sort conducted unto white hall staires , but if they were to ●…ome by land , they were met in the like sort at shooters hill , by th●… major & aldermen , and thence conducted to their lodgings , the companies waiting in the streets in their severall habits . the like she used also in celebrating the obsequies of all christian kings , whether popish or protestant , with whom she was in correspondence ; performed in such a solemn and magnificent manner that it preserved her in the estimation of all forreign princes , though differing in religion from her , besides the great contentm●…nt which the people took in those royal actions . some other arts she had of preserving majestie , and keeping distance with her people ; yet was so popular withall when she saw her time , that never majestie and popularity were so matched tog●…ther . but these being layed aside by k. james who brooked neither of them , and not resumed by king charles , who had in this point too much of the father in him ; there followed first a neglect of their persons , which majesty would have made more sacred ; and afterward a mislike of their government , which a little popularity would have made more gratefull . a very learned man he was , his erudition all of the old stamp , sti●…y principled in the doctrine of s. augustine , which they who understand it not call calvianisme . ] of the l●…arning of archbishop abbot , and how farre it was of the old stamp , i shall say nothing at the present ; but whereas our authour makes calvianisme and the doctrine of s. augustine to be one and the same , i think he is very much out in that ●… there being some things maintained by s. augustine , not allowed by calvin , and many things maintained by calvin , which were never taught him in s. augustine . s. augustine was a great maintainer of episcopacy , which the calvinians have ejecte●… out of all their churches ; and was so strict in defence of the necessity of baptisme , that he doomed all infants dying without it to the pains of hell , and thereby got the name of infant damastiques ; whereas many of the calvinists make baptisme a thing so indifferent ( si habea●… recte , si careas nihil damni , as one telleth us of them ) that it is no great matter whether it be used or not . and on the other side the calvinists maintain a parity of ministers in the church of christ , conditional obedience to the civil magistrate , the suffering of the pains of hell in our saviours soule , and putting no other sense than that horrid blasphemy on the article of his descent , the ineffectuality of the blessed sacraments ( as to the power and vertue which the antients did ascribe unto them ) and many others of that nature , which are not to be found in all s. augustines works . therefore the doctrine of s. augustine cannot be called by the name of calvianisme . in the year 1618 , king james published a command or declaration tolerating sports on the lords day , called sunday . ] our author is now come to his majesti●…s declaration about lawfull sports , being a reviver onely of a former declaration published by king james , bearing date at greenwich , may the 24th , in the sixteenth year of that kings reigne ; in his discourse whereof there are many things to be considered : for first , he telleth us , that many impetuous clamours were raised against it , but he conceals the motives to it , and restrictions of it . and secondly , he telleth us that to satisfie and still those ●…lamours , the book was soon after called in , in which i am sure our author is extremely out : that book being never called in , though the execution of it ( by the 〈◊〉 of that kings government ) was soon discontinued . now for the motives which induced that king to this declaration , they were chiefly four : 1. the generall complaints of all sorts of people as he pas●…ed through lancashire , of the restraint of those innocent and lawfull pastimes on that day , which by the rigour of some preachers and ministers of publick justice had been layd upon them . 2. the hinderance of the conversion of many papists , who by this means were made to think that the protestant religion was inconsistent with all harmlesse and modest recreations . 3. that by 〈◊〉 men from all manly exercises on those dayes on which onely they were freed from their dayly labours , they were made unactiv●… , and unable , and unfit for warres , if either himself or any of his successours should have such occasion to employ them . and 4 ▪ that men being hindred from these open pastimes , betook themselves to tipling houses , and there abused themselves with drunkennesse , and censured in their cups his majesties proceedings both in church and state. next the restrictions were as many : first , that these pastimes should be no impediment or let to the publick duties of the day . secondly , that no recusants should be capable of the benefit of them . no●… thirdly , such as were not diligently present at all d●…vine offices which the day required . and fourthly , that the benefit thereof should redound to none but such as kept themselves in their own parishes . now to the motives which induced king james to this declaration , our author adds two others which might move king charles to the reviving of the same ; that is to say , 1. the neglect of the dedication feasts of churches in most places upon that occasion . and secondly , an inclination in many unto judaisme , occasioned by a book written by one brabourne , maintaining the indispensible morality of the 4th commandement , and consequently the necessary observation of the jewish sabbath . though our author tells us that this royall edict was resented with no small regret , yet i conceive the subjects had great cause to thank him for his princely care , in studying thus to free their consciences from those servile yokes ( greater than which were never layd upon the jewes by the scribes and pharis●…es ) which by the preaching of some zealots had been layd upon them . but our author is not of my mind , for he telleth us afterwards , that the divinity of the lords day was new divinity at court ] and so it was by his leave in the countrey too , not known in england till the year 1595 , when doctor bound first published it in his book of sabbath doctrines ; nor in ireland till just twenty years after , when it was thrust into the articles of religion then and there established ; nor in scotland till above twenty years after that , when the presbyterians of both nations layd their heads together for the subversion of this church . so new it is , that as yet it cannot plead a prescription of threescore years , much lesse pretend to the beginning of our reformation : for , if it could , we should have found some mention of it in our articles , or our book of homilies , or in the book of common prayer , or in the statute 5 & 6 edward vi. about keeping holy dayes , in the two first of which , we finde nothing at all touching the keeping of this day ; and in the two last , no more care taken for the sundayes than the other festivals . but our author still goeth on , and saith , which seemed the greater prodigie that men who so eagerly cryed up their own order and revenues for divine , should so much 〈◊〉 the lords day from being such , when they had no other existence than in relation to this . ] here is a prodigie indeed , and a paradox too , that neither the order not revenues of the evangelical priesthood have any existence , but in relation to the d●…vinity of the lords day . if our author be not out in this , i am much mistaken . s. paul hath told us of himself , that he was an apostle not of men , neither by men , but by 〈◊〉 christ and god the father : and what he telleth us of himself , may be said also of the twelve apostles , and the seventy disciples , ordained by christ to preach the gospel , and to commit the like power to others from one generation to another till the end of all things . s. paul pleads also very strongly for the divine right of evangelicall maintenance to them that laboured in the publick ministerie of the church , concluding from that saying in the law of moses , viz : thou shalt not muzzle the oxe which treads out the corn , and from the maintenance of the priest which served at the altar , that such as preached the gospel should live by the gospel . and he pleads no lesse ●…outly for the right of tithes , where he proves our saviour christ to be a priest after the order of melchisedeck , from melchisedecks receiving tithes of abraham , or rather from this tithing of abraham , as the greek importeth . and yet i trow the lords day sabbath had no such existence , and much lesse such divinity of existence , as our author speaks of , when both the order and revenue of the sacred ministery had a sure establishment , as much divine right as our saviour and the holy apostles could confer upon them . our author now draws towards an end , & for our further satisfaction referreth us to somthing elsc , and that something to be found elswhere , concluding thus , but of this elsewhere . ] and indeed of this there hath enough been said elsewhere to satisfie all learned and ingenious men , both in the meaning of the law , and in point of practise , so that to speak more of it in this place and time , were but to light a candle before the sun. all i shall further adde is this , that if the rules and principles of the sabbatarians m●…st needs pa●…se for currant , i cannot see by the best light of my poor understanding , but that brabournes book may be embraced with our best affections ; and that obscure and ignorant school-master ( as our author calls him ) must be cryed up for the most orthodox divine which this age hath bred . and was after styled duke of yorke . ] our author here accommodates his style to the present times , when the weekly pamphlets give that prince no other title than the titulary duke of yorke , the pretended duke of yorke , the duke of yorke so styled , as our author here . it is true indeed the second son of england is not born to the dukedome of york●… , as the first is unto the titles and revenues of the dukedome of cornewall , but receives that title by creation : and though the king did cause this second son to be styled onely duke of yorke when he was in his cradle , yet afterwards he created and made him such by letters patents under the great seal of england in due form of l●… the four innes of court presenting both their majesties at whitehall with a gallant masque , as a symbole of their joynt affections . ] the innes of court used formerly to divide themselves in the like solemnities , lincolns inne joyning with one of the temples , and graies inne with the other , b●…t now they all united upon this occasion . one william prynne an utter barrester of lincolns inne had writ a book ( somewhat above a year before ) called histrio mastix , intended purposely against stage playes , but intermixed with many b●…tter and sharp invectives against the solemn musick used in the cathedrals and royal chappels , against the magnificence of the court in masques and dancings , against the hospitality of the english g●…ntry in the weeks of christmas , and indeed what not ? in which were also many passages scandalous and dishonourable to the king and queen , and such as seemed dangerous also to their sacred persons : for which , an information being brought against him in the starre-chamber by master noye then atturney-generall , and the cause ready to be sentenced , it seemed good unto the gentlemen of the four innes of court to present their majesties with a masque , thereby to let their 〈◊〉 and the people see how little prynne his infection had took hold upon them . a pompous and magnificent shew it seemed , as it passed the streets , but made more glorious by a long traine of christian captives , who having been many yeares insl●…ved in the chains of bondage , were sent for a present to the king ▪ by the h●…riffe or emperour of morocko , in testimony of the assistance received from him , in the taking of salla , and destroying that known nest of pyrates , effected specially by the benefit and advantage of his majesties ships . an action of so great honour to the english nation , of such security to trade , and of such consequence for setl●…ng of a free commerce in those parts of christendom , that i wonder why our author takes no notice of it . the kings dominion in the narrow seas was actually usurped by the holland fishers , and the right it selfe in good earnest disputed by a late tract of learned grotius called mare liberum . ] our author might have added here that this discourse of grotius was encountred not long after by a learned tract of mr. seldens , which h●… entituled mare clausum . in which he did not onely assert the soveraignty or dominion of the british seas to the crown of england , but cleerly proved by constant and continuall practise , that the kings of england used to levie money from the subjects ( without help of parliament ) for the providing of ships and other necessaries to maintain that soveraignty , which did of right belong unto them . this he brings down unto the time of k. hen. 2d , and might have brought it neerer to his own times , had he been so pleased , and thereby paved a plain way to the payment of ship-money , but then he must have thwarted the proceedings of the house of commons in the last parliament , ( wherein he was so great a stickler ) voting down under a kinde of anathema the kings pretensions of right to all help from the subject , either in tonage or poundage , or any other wayes whatsoever , the parliament not co-operating and contributing toward it . for that he might have done thus we shall easily see by that which followeth in our author , viz. away goes the subtile engineer , and at length frem old records progs and bolts out an antient precedent of raising a tax upon the whole kingdom for setting forth a navy in case of danger . ] our author speaks this of mr. noye the atturney generall , whom he calls aft●…rwards a most indefatigable plodder and searcher of old records , and therefore was not now to be put to progging , ( a very poor expression for so brave a man ) to finde out any thing which m●…ght serve to advance this businesse . for the truth is , that a year or more before the coming out of the writs for ship-money , he shewed the author of these observations ( at his house neer brentford ) a great wooden box , wherein were nothing else but pr●…ts out of all records , for levying a navall aide upon the subjects by the sole authority of the ki●…g , whensoever the preservation and safety of the kingdome did require it of them : and i remember well that he shewed me in many of those papers , that in the same years in which the kings had received subsidies in the way of parliament , they levyed this naval aide by their own sole power ; and he gave me this reason for them both : for ( saith he ) when the king wanted any money either to support his own expences , or for the enlarging of his dominions in forreign conquests , or otherwise to advance his honour in the eye of the world ; good reason he should be beholding for it to the love of his people ; but when the kingdome was in danger , and that the safety of the subject was concerned in the businesse , he might , and then did raise such summes of money as he thought expedient , for the preventing of the danger , and providing for the publick safety of himselfe and his . and i remember too , that ●…se precedents were written in little bits ●…nd shreads of paper , few of them bigger then ones hand , many not so big ; which when he had transcribed in the course of his studies , he put into the coffin of a pye ( as he pleased to tell me ) which had been sent him from his mother , and kept them there untill the mouldinesse and corruptiblenesse of that wheaten coffer had perished many of his papers . no need of progging or bolting to a man so furnished . but more of this attorney we shall heare anon . in the meane time our author telleth us , that the king presently issued out writs to all the counties within the realm &c. enjoyning every county for defence of the kingdome , to provide ships of so many tunne , &c. ] our author is deceived in this , as in many things else . for in the first yeare of the payment of ship-money , the writs were not issued to all the counties of england , as our author telleth us , but onely to the maritime counties , which lying all along the shore , were most exposed unto the danger of a forraign enemy . but proof being had , that the preparations of that yeare were not great enough , for the ends intended in the next yeare , and not before ; the like writs issued out to all counties in england ( that is to say , anno 1636. ) the whole charge layed upon the subject upon that occasion , amounting to 2360001. or there abouts , which being in lieu of all payments , came but to twenty thousand pounds a month , and not fully that . neverthelesse the king upon the arch-bishops intreaty , granted them exemption . ] i never heard that any such exemption was desired by the clergy , but sure i am , that no such exemption was ever granted , it being as great an indiscretion in them to seek it , as it would have been a hinderance to the publick service , if they had obtained it . the favour which the arch-bishop procured for them , was no more then this , that on complaint made by some of the clergy , how unreasonably they were rated by their neighbours , some of them at a sixt , some at a fourth part of the taxe , which had been layed upon the parish ; he obtained letters from the king , to all the sheriffes of engl●…nd , requiring that the clergy possessed of parsonages , should not be taxed above a tenth part of the land ▪ rate of their severall parishes ; and that consideration should be had of vicars accordingly . which though it were a great and a royall favour ( such as became a nursing father of the church ) yet w●…s it no exemption , as our author calls it , unlesse he meaneth an exemptien from the a●…bitrary power of cove●…ous and malitious neighbours , as indeed it was . but our author goes back to the attorney , of whom he telleth us , that he became a●…●…inent instrument both of good and ill ( and of which most , is a great question ) to the kings prer●…gative . ] i thinke no question need be made in this particular . the ship money had as faire a triall in the courts of westm. as any cause that ever came before those judges . and as for other projects , and court suites , he used first to consult the law , the kings honour , and the publick good , before he would passe any of them ; insomuch that he was more cursed by the courtiers ( i speake this on my certaine knowledge ) for dashing some of their designes , and putting many difficulties upon others of them , then any man can possibly imagine of a publick minister . and whereas our author telleth us in that which followeth , that he was drawn into the kings service by the lure of advancement , i am confident on the other side , that it was rather a contemplation of doing his duty to the king , then any thought of advancement by it , which drew him to accept that office , so much sought by others : in managing whereof , he declined so much private business to attend the king , and attended that with such an eye to his masters honour , that i may very safely say , he did not gaine so much in the whole time of his service , as his predecessors , or successors did after , in any one yeare of their imployment . but in regard 〈◊〉 came without credentiall letters from the queen of sweden , he denied him audience , whereupon he returned in some disgust . ] in this short passage there are more mistakes then lines . for first , it is not likely that young oxenst●… ( whom he speakes of ) came without credentiall letters , being treated as he was in the quality of an embassador , which without such letters had not been . secondly , i am sure that he had a publick and solemne audience , my curiosity carrying me to the court that day , not so much to see the formalities of such receptions ( to w●…ch i could not be a ●…nger ) as to behold the son o●… so wise a father , who had so long , with so much p●…udence and successe conducted the affa●…s of the crown of sweden . thirdly , if he departed in some disgust , ( as by accepting of a rich ring from king lewis of france , and refusing 〈◊〉 present of better value , ●…offered by king charles , it was thought he did ) it was not because he was denied a publick audience , but because he had proposed some things to the king , for carrying on the war in germany , in behalfe of the swedes , which the king thought not fit to consent unto , being then in hopes of some accommodation to be made with the emperor touching the palatinate . at the same time there was also a synod assembled , wherein the bodie of articles formed by that church , anno 1615. were repealed , and in their places were substituted the 39. articles of the church of england , intending to create an uniformity of beliefe between both churches . ] and certainly the designe was pious , and the reasons prevalent ; first in relation to the papists , who made great aime at it , that in the churches of three kingdomes , united all under one chiefe governour , there should be three severall and distinct ( and in some points contrary ) confessions , yet all pretending unto one and the same religion ; next in relation to the puritanes , who in the controverted points about predestination , and the lords ▪ day-sabbath , when they had nothing else to say , did use to fly for ▪ refuge to the articles of the church of ireland , where the predestinarian doctrines , and sabbatarian speculations had found entertainment ; aud thes●… , and none but thes●… found themselves grieved and troubled at the alteration . nor was this alteration made by the hand of power , but the power of reason . the matter being canvased and debated in the convocation there , before it was put unto the vote ; and being put unto the vote ( notwithstanding the strong interposition of the lord primate of armagh ) was carried by the farre greater part of voyces for the church of england . but all the service they did this summer was inconsiderable , in regard they never came to engagement ; onely their formidable appearance secured the seas from those petit larcenies and piracies wherewith they were formerly so molested . ] had this been all , their service had been very considerable ; the clearing the sea of pyrates being of so great benefit and consequence to the trade , and flourishing of this kingdome . for by this meanes , and the well-setled peace which we had at home , the greatest part of the wealth , in these parts of christendome , was carryed up the thames , and managed in the city of london . but this was not all . the king by this formidable appearanc●… ( as our author calls it ) regained the dominion of the sea , which had been lately hazarded , if not wholly lost : insomuch as the k●…ng of spaine thought it his best and safest w●…y , to send the money designed for the payment of his armies in flanders , in the ships of english merchants onely . by meanes whereof , there was brought yearly into england , between 2 & 3 hundred thousand pound in uncoyned bullion , which being minted in the tower , was no small benefit to the king by the coynage of it , and no lesse benefit to the city and the kingdome generally , in regard the greatest part thereof was stil kept amongst us in lieu of such manufactures , and native commodities of this land , as were returned into flanders , for the use of that army . and yet this was not all the service which they did this summer : the french and hollanders had ●…tred this year into a confederacy to rout the king of spaine out of all the netherlands , in which it was agreed amongst other things . that the french should invest dunkirk and the other parts of flanders , with their forces by land , whilst the hollanders did besiege them with a fleet at sea , that so all passages into the countrey being thus locked up , they might the more easily subdue all the inland parts . and in all probability the designe had took eff●…ct in this very year , the king of spaine no●… being able to bring 8000 men into the field , and leave his garrisons provided ; the people of the other side being so practis●…d on by the holland faction , that few or none of them would arm to repulse those enemies . but first the formidable appearance of the english fleet , which 〈◊〉 the hollanders before dunkirk ▪ and then the insolencies of the french at diest and tillemont , did so incourage and i●…flame the hearts of the people , that the armies both of the french and hollanders , returned back again without doing any thing more than the wasting of the countrey . and was not this ( think we ) a considerable piece of service also ? lastly , i am to tell our author , that it was not the earle of northumberland , ( as he tells us some lines before ) but the earle of lyndsey which did command the fleet this summer , anno 1635. the earle of northumberland not being in commission for this service till the year next following , when all the counties of the realm were engaged in the charge . so as the kings discretion was called in to part the fray by the committing the staffe of that office into the hands of william juxton lord bishop of london , march the 6th , who though he was none of the greatest scholars , yet was withall none of the worst bishops . ] our author still fails in his intelligence , both of men and matter . for , first the occasion of giving the office of lord treasurer to the bishop of london , was not to part a fray between the archbishop and the lord cottington , who never came to such immoderate heats , as our author speaks of ; but upon very good considerations and reasons of state : ●…or , whereas most of the lord treasurers of these latter times had rather served themselves by that office than the king in it , and raising themselves to the estates and titles of earles , but leaving the two kings more incumbred with debts and wants than any of their predecessors had been known to be ; it was thought fit to put the staffe of that offic●… into the hands of a church-man , who having no family to raise , no wife and chil●…ren to provide for , might better manag●… the incomes of the treasury to the kings advantage than they had been formerly : and who more fit for that employment ( among all the clergie ) than the b●…shop of london , a man of so well ▪ tempered a disposition as gave exceeding great content both to prince and people ; and being a dear friend of the archbishops , who had served the whole year as commissioner in that publick trust , was sure to be instructed by him in all particulars which concerned the managing thereof . but whereas our author tells us of him , that he was none of the greatest scholars , i would faine learn in what particular parts , either of divine or humane learning our author reckons him defective ; or when our author sate so long in the examiners office , as to bring the poor bishop unto this discovery . i know the man , and i know also his abilities as well in publick exercises as private conferences , to be as farre above the censure of our aristarchus as he conceives himself to be above such an ignorant and obscure school-master as theophilus brabaurne . it is true , he sets him off with some commendation of a calm and moderate spirit , and so doth the lord faulkland too , in a bitter speech of his against the bishops , anno 1641 , where he saith of him , that in an unexpected place and power he expressed an equall moderation and humility , being neither ambitious before , nor proud after , either of the crozier or white staffe . but there are some whom tacitus calls pessimum inimicorum genus , the worst kinde of enemies , who under colour of commending , expose a man to all the disadvantages of contempt or danger . the communion table which formerly stood in the midst of the church or chancel , he enjoyned to be placed at the east end , upon a graduated advance of ground with the ends inverted , and a wooden traverse of ●…ailes before it . ] of placing the communiou table with the ends inverted , we are told before anno 1628 , and if it were then introduced , and so farre in practise that notice could be taken of it by the committee for religion , no reason it should now be charged on the archbishop as an act of his . but granting it to be his act ( not to repeat any thing of that which was said before in justification of those bishops who were there said to have done the like ) we doubt not but he had sufficient authority for what he did in the transposing of the table to the eastern wall . the king by the advice of his metropolitan , hath a power by the statute , 1 eliz. c. 2. on the hapning of any irreverence to be used by the ceremonies or rites of the church , by misusing the orders appointed in this book , ( namely , the book of common prayers ) to ordain and publish such further rites and ceremonies , as may be most for the advancement of gods glory , the edifying of his church , and the due reverence of christs holy mysteries and sacraments . and certainly there had been so much irreverence done to the communion table standing unfenced as then it did in the middle of the chancell , not onely by scribling and sitting on it , as before was noted ; but also by dogs pissing against it ( as of common course ) and sometimes snatching away the bread which was provided for the use of the blessed sacrament ; that it was more than time to transpose the communion table to a place more eminent , and to fence it also with a raile to keep it from the like prophanation for the time to come . nor did the archbishop by so doing outrun authority , the king having given authority and 〈◊〉 to it a year before the metropoliticall visitation which our author speaks of . the deane and chapter of s. pauls ( as being ordinaries of the place ) had transposed the communion table in saint gregoryes to the upper end of the chancel , and caused it to be placed altar-wise ; which being disliked by some few ordinary parishioners , and an appeale made from the ordinary to the deane of the arches , the cause was brought before the king , then sitting in his privie council , anno 1633. who on the hearing of all parties , and the reasons alledged on both sides , having first testified his dislike of all innovations ; he concludes at last , that h●… did well approve , and confirmed the act of the said ordinary , and also gave commandem●…nt that if those few parishioners before 〈◊〉 did proceed in their said appeal , then the d●…an of the arches should confirm the said order of the aforesaid deane and chapter . here was authority enough , as good authority for the archbishop to proceed upon in his visitation , as the prevogative royall , the new statute of the queen , and the old lawes of the land could give him . this then was no anomalous innovation ( as our author calls it . ) the king ( it seems ) thought otherwise of it , and so did all men studied in the rules of this church , and the practice of approved antiquity who looked upon it as a renovation of a rite disused , not as an innovation or introduction of a new ceremonie never used before ▪ but sure our author had forgotten when these words fell from him , what he said before , of the remisse government of archbishop abbot , the titular archbishop , as he calls him there ( but titular in nothing so much as not doing the duties of his office ) of whom h●… tells us , fol. 127. that by his extraordinary remisnesse in not exacting strict conformity to the prescribed . orders of the church in point of ceremonie , he led in such an habit of inconformity , as the future reduction of ▪ those tender-conscienced men to long discontinued obedience was interpreted an innovation . but the controversie is not onely managed betwixt our author and himself , but as he telleth us afterward between bishops and bishops , for as he saith , the bishop of lincolne published a tract under a concealed name , positively asserting therein , that the holy table antiently did in the primitive times , and ought so in ours according to the dictates of our church , stand in gremio and nave of the quire. ] the tract here meant was called the holy table , name , and thing : in which the bishop hath said much , but asserted little : affirmations are no proofs in law , and multitudes of allegations falsified in themselves , and wrested to a contrary se●…ce , make not one good evidence ; yet this is all we are to look for in the bishops book : it being not untruly said in the answerers preface , that he came armed into the field with no other weapons than impudence , ignorance , and falshoods . and to say truth , it can be no otherwise , when a man writes both against his science and his conscience , as we have very good cause to think this bishop did . look on him in the point of practise , and we shall finde the communion table placed altar-wise in the cathedral church of lincolne whereof he was bishop , and in the collegiate church of westminster of which he was dean ▪ and in the private chappel of his house at bugdon , in which last it was not only placed altar-wise , but garnisht with rich plate and other costly utensils ( one of his own words ) in more than ordinary manner . look on him in his letter to the vicar of grantham , and he tells him thus ; that your communion table is to stand altar-wise , if you meane in that place of the chancell , where the altar stood , i thinke somewhat may be said for that , because the injunctions , 1559. di●… so place it ; and i conceive it to be the most decent scituation , when it is not used , and for use too , where the quire is mounted up by steps , and open , so that he that officiates , may be seene and heard of all the congregation . nor writes he thus onely to that v●…ar , but he allowes it in that tract which my author speakes of , both in cathedrall churches , and in the kings chappels , and in the chappels of great men , which certainly have no more law for it , then what the archbishop had for placing it in the parish churches , which as the bishop telleth the vicar , are to be presidented , by the formes in his majesties chappels , and in the quires of their cathedralls . if it be asked what moved the bishop to stickle so stoutly in this businesse , it may be answered , that he loved to fi●…sh in a troubled water , that being a man which considered only his own ends , he went such wayes as most conduced to the ●…ccomplishing of the ends he aimed at . being in power and place at court in the time of k. james he made himself the head of the popish faction , because he thought the match with spaine , which was then in treaty , would bring not only a connivance to that religion , but also a toleration of it : and who more like to be in favour if that match went on , then such as were most zealous in doing good offices to the catholick cause . but being by king charles deprived first of the great seale , and afterwards commanded to retire from westminster , he gave himselfe to be the head of the puritane party , opposing all the kings proceedings both in church and state ( and amongst others this of placing the communion table ) to make himselfe gracious with that sect , who by their shy practises and insinuations , and by the remisse government , and connivance of archbishop a●…ot , had gained much ground upon the people . if it be asked what authority i have for this , i answer , that i have as good as can be wished for , even our author himselfe , who telleth us of this bishop , fol. 145. that being malevolently inclined ( by the kings disfavours ) he thought he could not gratifie beloved revenge better , then to endeavour the supplanting of his soveraigne . to which end , finding him declining in the affections of his people , he made his apostraphe , and applications to them , fomenting popular discourses tending to the kings dishonour , &c. and being set upon this pinne , no mervaile if he entertained the present occasion of making the archbishop odiou●… , and the king himselfe lesse pleasing in the eyes of the subjects . but of this bishop , we may perhaps have some occasion to speak more hereafter . in the meane time we must follow our author , who having done with the archbishop , goes on to his instruments ( for so he calls them ) in which he saith , he was most unhappy . why so ? because saith he , they were not blamelesse in their lives , some being vitious even to scandall . ] our author needed not have told us in his preface by the way of prevention , that he should be thought no friend to the clergy ▪ we should have found that here in such capitall letters ▪ as any man that runs might read them . vitious even to scandall ? that goes high indeed , and it had well become our author to have named the men , that so the rest of the clergy might have been discharged of that ●…oule reproach . for my part i have took some paines to inquire after such instruments and subordinate ministers of the archbishop , used in the time of his government , most of them men of great abilities in learning , and though i thinke they were not blamelesse in their lives ( as who can be that carrieth mortality about him ) yet i cannot hear of any vitious persons taken into imployment by him , much less●… so scandalously vitious , as our author makes them . or were there such , it had been fitter for our author ( who desires to be accounted for a son of the church ) to have played the part of sem and japhet , in finding the nakednesse of their spirituall fathers ; then to act the part of cham and canaan , in making proclamation of it unto all the world . it was a pious saying of the emperour constantine ( reported by theodoret , lib. i. cap. ii. ) that the offences of the priests were to be hidden and concealed from the common people , ne illis assensi ad delinquendū reddantur audaciores , lest else they should transgresse with the greater liberty . as for himselfe , so tender was he of the credit of his clergy , that he used oftentimes to say , that found he any of them ( which yet god prohibit ) in the embraces of a strumpet , obtecturum se paludamento sceleratum facinus , that with his owne royal robes he would hide from vulgar eyes , both the offence , and the offendor . a noble piety , the piety of sem and japhet in the former passage , and the lord blessed him for it , and enlarged the tents of his habitation , and canaan , even the whole countries of the gentiles became his servants . from generalls our author passeth on unto one particular , of whom he telleth us that he was bold to say he hoped to live to see the day when a minister should be as good a man , as any jack gentleman in england . ] this is a heavy charge indeed , the heavier in regard that the fault of this one man ( if such men there were ) must lay a brand of insolencie on all the rest of the clergy , thereby to render them obnoxious to the publick hatred . and though our author hath not told us by name who this one man was , yet telling us that he was a high flyer , and that this high flyer was deplumed , he gives us some conjectures at the man he drives at , a man ( i must confesse ) of an undaunted spirit , and strong resolutions , but neither so intemperate in his words , or unwise in his actions , as to speak so contemptuously of the english gentry . for first , we are not sure that such words were spoken , our author offering no proof for it but onely his own word , or some vulgar heare say ; too weake a ground for such a heavy accusation to be built upon . but secondly , admitting that such words were spoken , i hope our author hath heard long since of an antient by word , that every jack would be a gentleman ; and therefore cannot choose but know that there is a difference between a gentleman of armes and blood , a true english gentleman and such jackgentl●…men , as having got a little more wealth together than their next poor neighbours , take to themselves the name of gentlemen , but are none indeed . and such jack-gentlemen as these , as they are commonly most like ( either for want of wit , or of manners , or of both together ) to vilifie their minister , and despise the clergie ; so if the poor party said whatsoever he was , that he hoped to live to see the time , when a minister should be as good a man as any jack-gentleman of them all , i hope the antient and true-english gentry will not blame him for it . our author having thus arraigned the whole body of the english clergie , that is to say , archbishops , bishops , and those of the inferiour orders , is now at leisure to proceed to some other businesse ; and having brought his reader thorow the disputes and arguments about the ship-money , he carrieth him on to the combustions raised in scotland , occasioned , as he telleth us , by sending thither a booke of common prayer for the use of that church . very little differing , as the king was unhappily perswaded by them from the english . ] the king needed no perswasion in this point , the difference between the two liturgies ( whether great or little ) being known unto him , before he caused this to be published . t is true , his first desire was , that the english liturgie should be admitted in scotland without any alteration , and to that end he gave order to the dean of his chappel in that kingdome , about the middle of october , anno 1633. that it should be read twice every day in the chappel of his palace in holy-rood house ; that there should be communions administred according to the form thereof , once in every moneth , the communicants receiving it upon their knees ; that the lords of the privie councell , the officers of justice and other persons of publick trust about the court , should diligently attend the same on the lords dayes , and that he who officiated on those dayes , if he were a bishop should weare his rochet , but if an ordinary minister onely he should weare the surplice , and thus he did unto this end , that the people being made acquainted by little and little with the english liturgie , might be the more willing to receive it in all parts of that kingdome whensoever it should be tendred to them . but the scotish bishops being jealous that this might be an argument of their dependance on the church of england , and finding that the psalmes , the epistles and gospels , and other sentences of scripture in the english booke , being of a different transl●…tion , from that which king james had authoriz●…d to be read in the churches of both kingdomes . had given offence unto that people , desired a liturgie of their own : and that they might have leave to make such alterations in the english book , as might entitle it peculiarly to the church of scotland : which alterarions being made and shewed to the king , he approved well of them ; in regard that coming nearer to the first liturgie of k. edward the sixt in the administration of the lords supper , ( and consequently being more agreeable to the antient forms ) it might be a means to gain the papists to the church , who liked farre better of the first than the second liturgie . july 23. being sunday , the deane of edinborough began to read the booke in s. gyles church , the chief of that city , &c. ] our author here doth very well describe the two tumul●…s at edinborough upon the reading of the book , but he omits the great oversights committed by the king and the lords of that councel , in the conduct and carriage of the businesse . for had the book been read in all the churches of scotland upon easter day , as w●…s first intended , it had in probability prevented these tumultuous riots , which the respite of it for so long gave those which had the hatching of this sedition , both time enough to advise , and opportunity enough to effect at last : or had the king caused the chief ring-leaders of this tumult to be put to death , according to the lawes of that kingdome , assoon as justice could have layed hold on them , he had undoubtedly prevented all further dangers : the drawing of some blood in the body politick by the punishment of m●…lefactors , being like letting blood in the body-naturall , which in some strong distempers doth preserve the whole . o●… finally , if the tumult had been grown so high , and so strongly backed , that justice could not safely be done upon them , had the king then but sent a squadron of the royall navy , which he had at sea , to block up their haven , he had soon brought the edinbourghers unto his devotion , and consequently kept all the rest of that kingdome in a safe obedience . but the edinbourghers knew well enough whom they had to deal with , what friends they had about the king , and what a party they had got in the lords of his councell which governed the affairs of that kingdome ; and they knew very well ( none better ) by the unpunishing of the londoners for the tumult in the death of lamb , that the king had rather patience enough to bear such indignities , than resolution to revenge them : so that the king at last was come to that misery which a good author speaks of , cum vel excidenda sit natura , vel minuenda dignitas : that he must either outgoe his nature , or forgoe his authority . the king nothing pleased with these affronts , yet studious to compose these surges of discontent , sent the marquesse of hamilton down in the quality of an high commissioner , &c. ] we are now come to the rest of the oversights committed in the conduct of this weighty businesse , whereof the first was , that having neglected to suppresse the sedition at the very first appearance of it , & to strangle that monster in the cradle , he had let a whole year pass●… without doing any thing , but sending one proclamation after another , which being publickly encountred with contrary protestations , did but increase their insolencies & his own disgraces ; the party in the mean time being so well formed , that po●…-guns and such paper-pellets were able to doe no good upon them . the second was , that when it had been fitter for the preservation of his authority to send a lord generall in the head of an army , for the reducing of that kingdome by force of armes , he rather chose to send an high commissioner to them , to sweeten the distempers and compose the differences ; which could not be , but by yeilding more on his side , then he was like ( by any faire imparlance ) to obtain from that . thirdly , that when he was reso●…ved on an high comm●…ssioner , he must pitch on hamilton for the man , whom he had such reason to distrust , as before was hinted ; but that the old maxime of the lenoxian family , ( of being deceived rather than distrustfull ) was so prevalent with him . and this he did against the opinion and advice of many of the lords of that kingdome , that is to say , the earle of sterling principall secretary of state , the bishops of rosse and breken privie counsellors both , sir robert spoteswood lord president of the colledge of justice , and sir john hay clerke-register ( or master of the rolls as we call him here . ) these having secret intimation that hamilton was designed for this great employment , came in post to london , indeavouring to perswade the king to change his purpose , and commending huntley for that service , who being a man of greatest power in the north of scotland , and utterly averse from the covenanters and the rest of that faction , was thought by them the fittest man for that undertaking . but the king fatally carried on to his own destruction , would not hearken to it , and hereunto the duke of lenox did contribute some weak assistance , who being wrought on by the scots of hamiltons faction , chose rather that the old enemy of his house should be trusted with the managing of that great affaire , than that a countrey lord ( as the courtiers of that nation called him ) should carry the honour from them both . june the six●… , his commission was read and accepted him . ] and well it might , it was the fish for which he had so long been angling : for , having lost the scotish army , raised for the aide of the king of sweden without doing any thing , and no occasion being offered to advance another , he fell upon more secret and subtile practises to effect his ends : first , drawing all the scots which were about the court of england to be his dependants , and rest at his devotion wholly : and next by getting himselfe a strong partie in that kingdome , whose affections he had means enough to restraine and alienate from the king , and then to binde them to himself , insomuch as it was thought by the wisest men of both nations , that the first tumult at edinborough was set on by some of his instruments , and that the combustions which ensued , were secretly fomented by them also . and this was made the more probable by his carriage in that great trust of the high commissioner , thus procured for him ; drawing the king from one condescention to another in behalf of the covenanters , till he had little more to give but the crown it self : for fi●…st he drew him to suspend , and after to suppresse the book of common prayers , and therewithall the canons made not long before for the use of that church ; next the five articles of perth . procured with so much difficulty by king james , and confirmed in parliament , must be also abrogated ; and then the covenant it self ( with some little alterations in it ) must be authorized , and generally imposed upon all that kingdome : and finally , the calling of an assembly must be yeilded to , in which he was right well assured , that none but covenanters should have voices , that not lord bishops only should be censured and excommunicated , but the episcopacie it self abolished , and all the regular and loyall clergie brought to utter ruine . by all which acts ( i cannot say of grace , but ) of condescension , the marquesse got as much in grosse , as his majesty lost in the retaile , making himself so strong a partie in that kingdome , that the king stood but for a cipher in the calculation . all being done from that time forwards ( especially when the first shewes of a warre were over ) as hamilton either did contrive or direct the businesse : for the covenanters having got all this , thought not this enough , unlesse they put themselves in armes to make good their purchases ; and having therein got the first start of the king , the king could doe no lesse than provide for himself , and to arm accordingly . in order whereunto our author telleth us that because it was the bishops warre , he thought it requisite they should contribute largely toward the preservation of their own hierarchy . ] i am sorry to see this passage have our authors penne , whom i should willingly have accompted for a true son of the church of england , were it not for this , & some other passages of this nature , which savour more of the covenanter , then the english protestant . it is true , the covenanters called it the bishops warre , and gave it out , that it was raised onely to maintaine the hirarchy , but there was little or no truth in their mouthes the while , for the truth is , that though liturgy and episcopacy were made the occasions , yet they were no●… the causes of this warre ; religion being but the vizard to disguise that businesse , which covetousnesse , sacriledge , and rapine had the greatest hand in . the reader therefore is to know , that the king , being engaged in a warre with spaine , and yet deserted by those men , who engaged him in it , was faine to have recourse to such other waies of assistance as were off●… to him : and amongst others , he was minded of a purpose which his father had , of revoking all such grants of abbey-lands , the lands of b●…shopricks and chapters , and other religious corporations ; which having been vested in the crown by act of parl. were by that kings protectors , in the time of his minority , conferred on many of the nobility and gentry to make them sure unto the side , or else by a strong hand of power ●…xtorted from him . being resolved upon this course , he intends a parliament in that ki●…gdome , appoints the e●…rl of niddisd●…ale to preside therein , and arms h●…m with instructions for 〈◊〉 of an act of revocation accord●…gly , who b●…ing on h●…s way as farre as barwick , was there informed that all was in a tumult at edenbobrough , that a rich coach which he had sent before to dalkeith was cut in pieces , the poor horses killed , the people seeming onely sorry that they could not do●… the like to the earle himselfe . things being brought unto this stand , and the parl●…ament put off with a sine die , the king was put to a necessity of some second councels ; amongst which none seemed so plausible and expedient to him , as that of mr. archibald achison then procu●…ator or sollicitor generall in that kingdome , who having first told the king that such as were estated in the lands in question , had served themselves so well by the bare naming of an act of revocation , as to possesse the people ( whom they found apt to be infl●…med on such suggestions ) that the true intendment of that act , was to revoke all former acts for suppressing of pop●…ry , and setling the reformed religion in the kirk of scotland ; and therefore that it would be very unsafe for his majesty to proceed that way . next he advised , that instead of such a general revocation as that act imported , he should implead them one by one , beginning first with those , whom he thought least able to stand out ▪ or else most willing to conform to his m●…jesties pleasure ; assuring him ▪ that having the lawes upon his side , the courts of justice must , and would pas●…e judgement for him . the king resolved upon this course , sends home the gentleman , not onely with th●…nkes and knighthood ( which he had most worthily deserved ) but with instructions and power to proceed therein : and he proceeded in it so effectually to the kings advantage , that some of the impleaded parties being lost in the suite , and the rest seeing that though they could raise the people against the king , they could not ●…aise them against the lawes , it was thought the best and safest way to compound the businesse . hereupon in the yeare 1631. commissioners are sent to the court of england , and amongst others , the learned and right noble lord of marcheston ( from whose mouth i had this whole relation ) who after a long treaty with the king , did agree at last , that all such as held hereditary sheriffdomes , or had the power of life and death over such as lived within their jurisdiction , should quit those royalties to the king ; that they should make unto their tenants in their severall lands , some permanent estates , either for three lives , or one and twenty yeares , or som●… such like terme , that so the tenants might be incouraged to build and plant , and improve the patrimony of that kingdome ; that they should double the yearly rents which were reserved unto the crown by their former grants , and finally that these conditions being performed on their parts , the king should settle their estates by act of parliament . home went the commissioners with joy for their good successe , expecting to be entertained with bells and bonefires , but they found the contrary ; the proud scots being resolved rather to put all to hazard , than quit that power and tyranny , which they had over their poor vassalls , by which name ( after the manner of the french ) they called their tenants . and hereunto they were encou●…aged under-hand , by a party in england , who feared that by this agreement the king would be so absolute in those northern regions , that no aide could be hoped from thence , when the necessity of their designes might most require it : just as the castilions were displeased with the conquest of portugall , by king philip the second , because thereby they had no place left to retire unto , when either the kings displeasure , or their disobedience should make their owne countrey too hot for them . from hence proceeded that ill bloud which the king found amongst them , when he went for that unlucky crowne ; from hence proceeded the seditious libell of the lord ballmerino , which our author speakes of , the greatest part of whose estate was in abby-lands ; from hence proceeded all the practises of the great ones on that busie faction , principled onely for the ●…uine and destruction of monarchies ; and finally from hence proceeded the designe of making use of discontented and seditio●…s spirits ( under colour of the canons and common-prayer book , to embroyle that kingdome , that so they might both keep their lands , and not lose their power ; the kings ministers all this while looking mildely on , or acting onely by such influences as they had from hamilton , without either care or course taken to prevent those mischiefes , which afterwards ensued upon it . but from the ground , proceed we to the prosecution of the warre intended , concerning which , our author telleth us that the king had amast together , considederable power , whereof the earle of arundel had the chi●…fe conduct . ] and so he had , as to the command of all the forces which went by land , the earl of essex being lieutenant generall of the foot , & the e. of holland of the horse . but then there were some other forces embarqued in a considerable part of the royall navy , with plenty of coine and ammunition , which were put under the command of hamilton ( the king still going on in his fatall over ▪ sights ) who anchoring with his fleet in the frith of edenborough , and la●…ding some of his spent men , in a little ifland , to give them breath and some refreshments , received a visit from his mother , a most rigid covenanter . the scots upon the shore saying with no small laughter , that they knew the son of so good a mother , could not doe them hurt . and so it proved , for having loytered thereabouts to no purpose , till he heard that the treaty for the pacification was begun neer barwick , he left those shores , and came in great post-haste , as it was pretended , to disturb that businesse , which was to be concluded before he came thither . but this vile dealing makes me sea-sick , i returne to land , where i finde that all the preparation both of one side , and the other , proved onely an interview of two armies , nothing being acted considerable in way of engagement . ] that so it was , is a truth undoubted , but how it came to passe that it should be so , would be worth a knowing . for never did so many of the lords and gentry attend a king of england , in an expedition against that people , nor never did they carry with them a greater stock of animosities , and indignation , then they did at this present . but first , i have been told by some wise and understanding men about the king , that he never did intend to fight ( as they afterwards found ) but onely by the terrour of so great on army , to draw the scots to doe him reason : and this the covenanters knew as well as he , there being nothing which he said , did , or thought ( so farre as thoughts might be discovered by signes and gestures ) but what was forthwith posted to them by the scots about him . and this i am the more apt to credit , because when a notable and well experienced commander offered the king then in camp neer barwick , that with two thousand horse ( which the king migh●… very well have spared ) he would so waste and destroy the countrey , that the scots should come upon their knees to implore his mercy : he would by no meanes hearken to the p●…oposition . nor were the lords and p●…rsons of most note about him , more forward at the last then he . for having given way that the e●…rles of roxborough and traquair , and other nob●…e m●…n of that nation might repair to yorke , for mediating some atonement between the king and his people , they plyed their busine●…s so well , that by representing to the lords of the english nation , the dangers they would bring themselves into , if the scots were totally subdued ; they mitigated the displeasures of some , and so took off the edge of others , that they did not go from yorke , the same men they came thither , on the discovery of which practice , and some intelligence which they had with the covenanters , the earls of traquair and roxborough were confined to their chambers ( the first at yorke , and the second at new. castle ) but presently dismissed againe , and sent back to scotland . but they had first done the worke they came for , for never were men so sodainly cooled as the lords of england , never did men make clearer shewes of an alteration by their words and 〈◊〉 : in so much that the scottish army beginning to advance , and the earl of holland being sent with a great body of horse to attend upon them , he presently sent word unto the king , in what danger he was , and how he stood in feare of being under-ridden ( as i take it ) by the galloway naggs , and thereupon received order to retire again●… . no marvell if things standing in this condition , the king did cheerfully embrace any overture which rended to a pacification ; or did make choice of such persons to negotiate in it , who were more like to take such termes as they could get , then to fight it out . amongst which termes , that which was most insisted on by the scotch commissioners , because it was most to their advantage , and the kings disabling , was that he recall all his forces by land or sea. ] which he did accordingly , and thereby lost all those notable advant●…ges , which the gallantry of his army , the greatness of his preparations both by sea and land , and the weaknesse of an inconsiderable enemy , might assure him of . but he had done thus once before , that is to say , at the returning of his forces and fleet from rochel , anno 1628. at what time he was in no good termes with his subjects , and in worse with his neighbours , having provoked the spaniard by the invading of the isle of gadas , and the french by invading the isle of rhe , which might have given him ground enough to have kept his army ( and his authority withall ) and when an army once is up ▪ it will keep it self ; necessity of state ruling and over-ruling those concessions and acts of grace , to which the subjects may pretend in more setled times . but his errour at this time was worse than that , the combustions of scotland being raised so high , that the oyle of graces rather tended to increase , than to quench their fl●…me . had he recalled his forces onely from the shores and borders of that kingdome ( which is the most that he was bound to by the pacification ) till he had seen the scots disbanded , their officers cashiered ▪ ( their forts and castles garrisoned with english souldiers , and some good issue of the assembly and parliament to be held at edinborough , he had preserved his honour among forreigne princes , and crushed those practices at home , which afterwards undermined his peace , and destroyed his glories . but doing it in this form and manner without effecting any thing which he seemed to arme for , he animated the scots to commit new insolencies , the dutch to affront him on hi●… own shoares , and ( which was worst of all ) gave no small discontentment to th●… english gentry , who having with great charge engaged themselves in this expedition o●… of hope of getting honour to the king , their countrey , and themselves by their faithfull service , were suddenly dismissed , not onely without that honour which they aimed at , but without any acknowledgment of their love and loyalty . a matter so unpleasing to them , that few of them appeared in the next years army , many of them turned against him in the following troubles , the greatest part looking on his successes with a carelesse eye as unconcerned in his affaires whether good or evil . but from miscarriages in this warre , i might passe next to a mistake which i finde in our author concerning the antient way of constituting the scotish parliaments , of which he telleth us , that the king first named eight bishops , then those bishops chose eight noble men , those noble men chose so many barons , and those the like number of burgesses ▪ &c. ] not altogether so as our author hath it ; for the king having first named 8. bishops , and the bishops named 8. noble men , the bishops and noble men together chose 8. commissioners for the sheriffdomes , and as many for the boroughs or corporations ; which two and thirty had the names of the lords of the arricles , and had the canvassing and correcting of all the bills which were offered to the parliament before they were put to the vote . and perswaded his majesty that the cardinall of richelieu would be glad to serve his majesty or his nephew , &c. ] that the french ambassadour did indeavour to perswade the king to that belief , i shall easily grant , but am not willing to believe that the king should be so easily perswaded to it ; it being the opinion of most knowing men , that this cardinal had a very great hand in animating the scots to such a height of disobedience , as we finde them in . and this may evidently appeare , first by a passage in our author , fol. 176. in which we finde from the intelligence of andreas ab habernefield , that the cardinall sent his chaplaine and almoner , m●… . thomas chamberlain , a scot by nation , to assist the confederates in advancing the businesse , and to attempt all waies for exasperating the first heat , with order , not to depart from them , till ( things succeeding as he wished ) he might returne with good newes . secondly , from the letter , writ by the lord loudon , and the rest of the ●…ovenanters to the french king , first published in his majesties lesser declaration against the scots , and since exemplified in our author , fol. 168. of which letter they could hope for no good effect , but as the cardinall should make way and provide meanes for it . thirdly , by the report of a gentleman ( from whose mouth i have it ) who being took prisoner , and brought unto the scotish camp , immediatly after the fight neer nuborne , found there the cardinalls s●…cretary in close consultation with the heads of the covenanters ; which after his restoring to liberty by the treaty at rippon , he declared to the king , and offered to make it good upon his oath . fourthly , by the impossibility which the cardinall found in his designes , of driving the spaniard out of flanders , and the rest of the netherlands , unlesse the king was so disturbed and embroyled at home , that he could not help them : it being heretofore the great master-piece of the kings of england , to keep the scale even between france and spaine , that neither of them being too strong for the other , the affaires of christendome might be poized in the evener ballance . fiftly , by the free accesse , and secret conferences , which hamiltons chaplain had with con , the popes agent here , during such time as chamberlain the cardinalls chaplain laboured to promote the business●… . sixthly , adde hereunto the great displeasure which the cardinall had conceived against the king , for invading the isle of rhe , and attempting the relief of rochell ; and we shall finde what little reason the king had to be perswaded to any beliefe in cardinall richelieu , though the embassador might use all his eloquence to perswade him to it . and had this presumptuous attempt of the hollanders met with a king , or in times of another temper , it would not , it 's like , have been so silently connived at . ] most truly spoken , this action of the hollanders being one of the greatest , and unsufferablest affronts , which ever was pu●… by any nation on a king of england . i have been told , that complaint being made of king james , of the barbarous butchery at amboyna , he fell into a terrible rage , throwing his hat into the fire , and then stamping on it , and using all the signes of outragious passion ; but when time & sleep had taken off the edge of his fury , he told the merchants who attended his answer , that it was then no time to quarrell with the hollanders , of whom he hoped to make some use for restoring the palsgrave to his lawfull patrimony . king charles might make the same answer on this new occasion , he had his head and his hands too , so full of the scots , that he had no time to quarrell with the hollanders , though certainly , if he had then presently turned his fleet upon the hollanders , ( wherein , no question but the spaniard would have sided with him ) he had not onely rectified his honour , in the eye of the world , but might thereby have taught the scots a better lessen of obedience , then he had brought them to , by the great preparations which he made against them . but this i look on in the hollanders , as one of the consequents or eff●…cts of the scottish darings , for if the scots who were his subjects , durst be so bold as to baffle with him , why might not they presume a little on his patience , who were his confederates and allies , in husbanding an advantage of so great a concernment ; and having vailed his crown to the scots and english , why might he not vaile it to them his good friends and neighbours ? at this close and secret councell , december 5. it was agreed that his majesty should call a parliament to assemble , april the 13th . ] this secret councell did consist of no more then three , that is , the lord archbishop of canterbury , the lord lieutenant of ireland , and ( who must needs be at the end of every businesse ) the marquesse of hamilton . by these it was agreed , that the king should be moved to call a parliament , the intimation of it to be presently made ; but the parliament it selfe not to be assembled till the middle of april . in giving which long intervall , it was chiefly aimed at , that by the reputation of a parliament so neer approaching , the king might be in credit to take up money , wherewith to put himselfe into a posture of warre , in case the parliament should faile him ; but then the inconvenience was as great on the other side , that intervall of four moneths time , giving the discontented party opportunity to unite themselves , to practice on the shires and burroughs , to elect such members , as they should recommend unto them , and finally , not onely to consult , but to conclude on such particulars , which they intended to insist on when they were assembled . and though it be extreame ridiculous for me to shoot my fooles-bable in so great a businesse , in which such wise men did concurre ; yet give me leave to speak those thoughts which i had of that advice from the first beginning , reckoning it alwaies both unsafe and unseasonable , as the times then were . i looked upon it as unsafe , in regard that the last parliament being dissolved in so strange a rupture , the closets of some members searched , many of them imprisoned , and some f●…ned , it was not to be hoped but that they would come thither with revengefull thoughts : and should a breach happen between them and the king , and the parliament be dissolved upon it ▪ as it after was , the breach would be irreparable , as indeed it proved . i looked upon it as unseasonable also , in regard that parliaments had been so long discontinued , and the people lived so happily without them , that very few took thought who should see the next ; and 〈◊〉 that , the neighbouring kings and states beheld the king with greater veneration then they had done ●…ormerly , as one that could stand on his own leggs , and had scrued up himselfe to so great power , both by sea and land , without such discontents and brabbles as his parliaments gave him . but whatsoever it was in it selfe , either safe or seasonable , i am sure it proved neither to the men who adv●…sed the calling of it , unlesse it were to hamilton onely , of which more hereafter . yet the king was willing to allow them all the faire dealing he in honour could , hoping to gaine upon them by the sweetnesse of his carriage , but all would not doe . ] and it is marvell he should hope it , there are some men of so untractable nature , ut eorum superbiam frustra per modestiam & obsequium effugeris , that neither modesty nor obsequiousnesse can get ground upon them . a presbyterian and a scot , are not won by favours , and he that doth endeavour ●…t , doth but lose his labour . nor could the king be ignorant , of the hard temper of the men whom he had in hammering . i have been told that when the archbishop of saint andrews came to take his leave of him , then setting forwards toward scotland , he told him plainly , that by the long experience which he had of that nation , for the space of sixty years and upwards , he knew them to be a people of so crosse a graine , that they were lost by favours , and gained by punishments ; and therefore that he m●… not hope to win upon them by faire dealing , or by the sweetnesse of his disposition , as my author termes it , but must resolve to reduce them to their duty , by such wayes of power , as god had then put into hi●… hands . which counsell , if the king had followed , when he was in the head of that gallant army , the scots being then so inconsiderable and so ill appointed , that they had not three thousand musquets in all their army ( as i have been in●…ormed by persons of great worth and quality ) he had then put an end both to their insolencies , and his own great troubles . and hereunto accordeth one of our modern wits in these following verses . not gold , nor acts of grace , 't is steel must tame the stubborn scot ; princes that would reclaim rebells by yeilding , doe like him , or worse , who sadled his owne back to shame his horse . they invited and procured to their service many commanders from holland , who still kept their places there , though such officers as betook themselves to the kings employment , were instantly cashiered . ] ●…his was poor pay for so great a courtesie as the king had done them , by suffering them to beat the spaniards on his owne coasts , under his protection , and being within the compasse of the kings chambers , as the sea-men phrase it , but natuvale est odesse quem laeseris : it is a naturall thing ( saith tacitus ) to hate the man whom we once have wronged . nor doe men thinke themselves safe for an injury done , but by disobliging the wronged party , from taking revenge , by heaping more injuries upon him . nor was this all the injury which the hollanders offered to the king in the course of this businesse . they furnished the scots with armes and ammunition to maintaine their warre , and that too for the most part , ( contrary to their wonted customes ) without ready money . but the truth is , they had some reason to deal●… thus courteously with the scots . it had been once their owne case , and so let them goe . to which i answer , true it is , he had too much , and too long favoured the romish faction , but as upon what accompt it was he favoured them , is uncertaine . ] our author here acquits the archbishop from the popish faith , but leaves him under a suspition of favouring the popish faction ; which in a man who cannot tell on what accompt he favours it , may be thought uncharitable . but both king james and king charles in severall declarations , and in their severall answers to parliament petitions give this reason for it ; that is to say , that by shewing som●… favours to the papists here , they might obtaine the like favours for such protestants as lived in the dominions of popish princes . and unto this , which was indeed the greatest motive unto those indulgencies , which had been granted to the papists by those two king●… : another might be added in justifica●…ion of the archbishop , if he shewed any such favours to the popish faction , as he stands here charged with : which is , that seeing the puritanes grown so strong , even to the endangering of our peace , both in church and state , by the negligence and remisnesse of the former government , he thought it necessary to shew some countenance to the papists , that the ballance being kept even between the parties ; the church and state might be preserved ( as indeed they were ) in the greater safety . and this appeareth to be his chiefe inducement to it , in regard that when the protestant p●…rty was grown strong enough , to stand and goe without such crutches , he then declared himselfe openly against that faction , as our author ingenuously informeth us , in that which followeth . he tampered indeed to introduce some ceremonies bordering upon superstition , disused by us , and abused by them ; from whence the romanist●… collected such a disposition in him to their tenets , as they began to cry him up for their proselite . in this passage there are many things to be considered , first that the ceremonies which the archbishop tampered to introduce , are not here said to be superstitious , but onely to border upon superstition . secondly , that those ceremonies are said to be disused , which shewes that they were still in force , though not still in use , as our author telleth us of the statute concerning knighthood . thirdly , that these ceremonies●…d ●…d been abused by them of the church of rome , and therefore being but abused , might lawfully be restored to the primitive use , for abusus non tollit usum , as the old rule is . fourthly , that if the romanists upon these presumptions cry him up for theirs , it was most ignorantly done , there being nothing which more tended to their destruction , then the introducing of some ceremonies , which by late negligence were disused . and this was the opinion of the most understanding men amongst them . for i have heard from a person of known nobility , that at his being at rome , with a father of the english college , one of the novices came in , and told him with a great deale of joy , that the english were upon returning to the church of rome , that began to set up altars , and to officiate in their copes , to adorne their churches , and paint the picture of the saints in their chancell windowes . to which the old father made reply with some indignation , that he talked like an ignorant novice , that these proceedings rather tended unto the ruin , then advancement of the catholick cause ; that by this meanes the church of england coming nearer to the antient usages , the catholicks there would sooner be drawn off to them , then any more of that nation would fall off to rome . whereof ( that is to say , the dissolution of the parliament ) many laid the blame upon the bishop of canterbury . ] though many laid the blame on him , yet all the blame was not laid on him , some part thereof being laid upon the earl of strafford , but on neither rightly : both of them avowing in their answers to that part of their charge in the following parliament , that it was done by the generall vote of the privie councell , not a man dissenting . certaine i am , that the archbishop was so farre from having any such thoughts , on munday morning , may 4. being the day before that unhappy accident , that he was taking care to provide some materialls in a businesse which concerned the church , of which he was resolved to speake in the house of peers , on the wednesday following . some say that this dissolution was precipitated upon some intelligence , that the house of commons meant that day to vote against the warre with scotland , then which there could be nothing more destructive to the kings affaires . and it was probable enough that it was so meant . for first , the remonstrance of the state of the kingdome , doth declare no lesse , where it is said , that the people were like to close with the king , in satisfying his desire of money , but that withall they were like to blast their malicious designe against scotland , they being very much indisposed to give any countenance to that warre : and secondly , we finde that house to be highly magnified ●…in a scotish pamphlet , called the intentions of the army , for their pious zeale in crossing the intended warre , and denying any countenance and assistance towards it . but whatsoever the truth is , most sure i am , that it was secretly muttered about the court the night before , that hamilton had prevailed with the king to dissolve the parliament ; who playing ( as he used to do ) with both hands at once , did with the one , pull back the commons by his party there , from all compli●…nce with the king , and with the other thrust the king forwards to dissolve that meeting : that by this meanes the kings affaires being more embroyled then they were before , he might confirme the scots , and confound the english , and thereby raise himselfe to the point he aimed at . a sad and unfortunate day it was , and the newes so unpleasing unto the author of these papers whosoever he be , that being brought him by a friend , whilst he was writing some dispatches , it so astonished him ( though he had heard some inkling of it the night before ) that sodainly the pen fell out of his hand , and long it was , before he could recollect his spirits to returne an answer : having thus said , i should proceed from the dissolving of the parliament , to the continuing of the convocation ; but i must first remove a block which lieth in my way : our author telleth us that this archbishops predecessour penultime , was dr. whitgift . ] whereas indeed it was not dr. whitgift , but dr. bancroft , who was the penultimate and last predecessour saving one unto the archbishop ; dr. bancroft coming in between whit. gift and abbot , as any who have looked into these affairs cannot choose but know : this convention was not more unhappily dissolved than another was continued . that is , as a witty gcntleman said well , a new synod made of an old convocation . ] the witty gentleman here meant was sir edward deering , who pleased himself exceedingly in one of his witty speeches ( but made withall good sport to most knowing men ) in descantin●… on a synod and a convocation ; the one being a greek word , the other originally latine , but both of the same sense and signification : a provinciall synod , being no other then a convocation of the clergy of the provinces of york●… , or canterbury ; and the convocation of the clergy of both provinces together , being nothing else but a national synod . so that it was the same synod , and the same convocation ( call it which you will ) as before it was , and not a new synod , made of an old convocation , as the witty gentleman would have it . a gentleman he was , more witty then wise , but more proud then either ; one of sufficient learning to adorne a gentleman , but very ill imployed in disgracing the clergy , considering that the most worthy of his ancestors was of that profession , and himselfe allyed unto it by some mixt relations . but see how ill this gentleman sped with his too much wit , being the first that threw dirt into the face of the archbishop , and preferred the first information which was brought against him ; he after flew so high in his commendations ( in the preface to his book of speeches ) that neither heylyn whom the scotish pamphleters ( in their laudencium autocatachrisis ) call his grac●…s herald , nor pocklington , nor dowe , nor any of his own chaplains , in any of their speeches of him , or addresses to him , ever went so farr●… . having propounded to the house in that witty speech which he made against the canons and convocation , that every one that had a hand in making those canons should come unto the barre of the house of commons with a candle in one hand , and a book in the other , and there give fire to his own canons , he was so far from seeing it done , that on the contrary , he saw ( within a little more then a twelve month after ) the collection of his witty speeches condemned by that house unto the fire , and burnt in severall places by the publick hang-man . and finally , having in another of his witty speeches defamed the cathedralls of this kingdome , and that too with so foule a mouth , as if he had licked up all the filth of foregoing libels , to vomit it at once upon them , he made it his earnest suit not long after to be dean of canterbury : which being denied him by the king , in a great discontent he returned to the parliament , though he hought good to put some other glosse upon it in his declaration . but of this witty gentleman we said enough . proceed we now unto our author , who telleth us of this new-made synod , that by a new commission from the king , it was impowered to sit still . ] no such matter verily , the new commission which he speaks of gave them no such power . the writ by which they 〈◊〉 first called , and made to be a convocation , gave them power to si●… ; and by that writ they were to sit as a convocation , till by another writ proceeding from the like authority th●…y were dissolved and licensed to returne to their severall homes . the commission , subsequent to that , gave them power to act , to propose , deliberate and conclude upon such canons and constitutions , as they conceived conducible to the peace of the church . and such a commission they had granted at their first assembling . but being there was a clause in that commission , that it should last no longer , then during the session of that parliament ; and that the king thought good to continue the convocation , till they had finished all those matters which they had in treaty : his majesty gave order for a new commission to be issued out of the same tenour with the former , but to expire upon the signification of his majesties pleasure . i have been told that it was some time , before some of the members of the lower house of convocation , could be satisfied in the difference between the writ , & the commisston , though one of the company had fully opened and explained the same unto them : which being made known to the archbishop , and by him to the king , it was proposed to the lord finch , lord keeper of the great seale , the earle of manchester , lord privie seal , sir edward littleton , chief justice of the common pleas , sir john bankes attorney generall , sir robert heath , and sir ralph whitfield the kings serjeants at law ; who on the 10. of may , subscribed a paper with their hands , to this effect , that the convocation being called by the kings writ , was to continue till it were dissolved by the kings writ , notwithstanding the dissolution of the parliament . upon the readi●…g of this paper , in the lower house of convocation , and the satisfaction there by given to all contrary scruples , they went on to their businesse , not as a new synod made of an old convocation , ( quoth the wit●…y gentleman ) but as an old synod armed with a new commission . what they did there we shall see anon , but with what danger they sate there , i shall tell you now : the dissolving of the parliament having bred such discontentments , some papers posted up by lilborne , so inflamed the apprentices , and the riot upon lambeth house , created such a terrour in the members of the convocation , that the king was faine to set a guard about westminster abbey , for the whole time of their sitting . poor men , to what a distresse were they brought ? in danger of the kings displeasure if they ros●… , of the peoples fury if they sate ; in danger of being beaten up by tumults while they were at the worke , of being beaten down by the following parliament , when th●… worke was done , and after all , obnoxious to the lash of censorious tongues for their good intendments . for notwithstanding their great care , that all things might be done with decency , and to edification , every one , even our author himself , must have his blow at them . and first , he strikes at the o●…th enjoyned in the sixt canon , for pre●…ervation of the doctrine and discipline of the church here by l●…w established . but to make sure worke of it , that the blow may come home indeed , he prepares his way with a discourse against episcopacy it selfe , for maintenance whereof ( amongst other things ) that oath was framed , telling us positively , that bishops and presbyters in scripture phrase are of eq●…ivalent import , and denote the selfesame persons without the least distinction . they whom holy text calls bishops , having an identity , a s●…enesse of name , of ordination , of office , of all qualifications necessary to that office , with presbyters . ] i have heard that when cornelius burges , was to goe out doctor , he would needs take upon him to answer the divinity act ; but did it so unluckily , and with such a plentifull want of understanding in the tearmes of logick , that doctor prideaux said openly to him , tu possis bene pradicare , sed non potes bene disputare , that he might possibly be a good preacher , though he were but a very sorry disputant . the like may be said of our author 〈◊〉 so , when he plai●… the historian , in relating of such things , as are buil●… upon good intelligence , he doth it very well , few better ; but when he comes to shew his opinion , in a matter controverted , and to give his reasons for the same , he doth it very ill , none worse . for first , i doe not believe that our author can easily prove presbyters and bishops to be of equivalent import , or comprehended under the same name in the holy scripture . but secondly , granting that they be , who that pretends to logick , can dispute so lamely , as from a community of names , to inferre an identity or samen●…sse in the thing so named , which is the ground our author builds on . kings are called gods in holy scripture , i have said ye are gods , psal. 82. 6. and god doth fr●…quently call himselfe by the name of king : yet if a man should thence inferre , that from this community of names , there a●…iseth an identity or samenesse between god and the king , he might be worthily condemned for so great a blasphemer . s. peter calls our saviour christ by the name of bishop ▪ and himselfe a presbyter or priest ( an elder , as most unhandsomly our english reads it ) the bishop of your soule●… , 1 pet. 2. 25. i who am also an elder , 1 pet. ver . 1. y●…t were it a sorry piece of logick to conclude from hence , that there is no distinction between an apostle , and an elder , the prince of the apostles , and a simple presbyter , or between christ the supream pastor of his church , and every ordinary b shop ; and thirdly , taking i●… for granted that bishops have an identity or samenesse in name , office , ordination , and qualification , with presbyters , as our author telleth us they have , it will not follow convertibly that presbyters have the like identity , or samenesse of qualification , ordination ▪ name and office , which the bishop hath . my reason is , because a bishop being first regularly and canonically to be made a priest , before he take the order and degree of a bish●…p , hath in him all the qualifications , the ordination , name and office which a presbyter hath ; and something farther superadded , as well in point of order as of juvisdiction , which every presbyter hath not , so that though every bishop be a p●…iest or presbyter , yet every presbyter not a bishop . to make this clear by an examp●…e in the civill government , when sir robert c●…cill knight , and principall secretary of state , was made first earl of salisbury , and then lord treasurer , continuing knight and secretary as he was before : it might be said , that he had an identity or samenesse in name , office , order and qualification , with sir john herbert the other secretary ; yet could this be said reciprocally of sir john herbert , because there was something super ▪ added to sir robert cecill , namely the dignity of an earle , and the office of lord treasurer , which the other had not . so true is that of lactantius an old christian writer , adeo argumenta ex absurdo petita ineptos habent excitus ; so ordinary a thing it is for arguments built upon weak grounds , to have worse conclusions . episcopacy being thus knocked down with a painted club , our author goes on to tell us what great , but unprofitable paines were taken in defence thereof , telling us , that though the presse swarmed with books , setting forth the right upon which it was founded , yet all advantaged them little . how so ? because , saith he , such a prejudice there was against them , and the truth contended for lay then so deep , as few had perspicuity enough to 〈◊〉 it . ] that the presse swarmed with books ▪ purposely writ about this time , in defence of the d●…vine right of episcopacy , i remember not ; but sure i am , it swarmed with many pestilent and seditious libels , in which the b shops were defamed , and the calli●…g questioned : in answer whereunto ( if any of them were thought worthy to receive an answer ) it is possible that some●… what may be said upon the by , for declaration of that divine right on which it was founded . nor was this any new claime never made before , but frequently insisted on by the bishop , and those that writ in defence of bishops , in queen elizabeths time ; by doctor bancroft ( then bishop of london ) in the conference at hampton court , and that too , in the presence of doctor reinolds ( incomparably the most learned man of the opposite party ) who never contradicted him for it , nor confuted him in it ; and finally by bishop laud in the high commission , which gave occasion of matter to some publick libellors , but never any serious and solid debate till after the making of these canons : but be the title never so good , the asserting of it never so frequent , the books by which it was maintained never so learned , and the reasons in those books never so convincing ; yet if once prejudice come in to perswade the contrary , it is no marvell if all men had not perspicacity enough to discern the truth . it is an old maxime in philosophy , that intus existens prohibet ali●…num ; never more truly verified , than when men come with prejudice and prepossession to a point in controversie . but howsoever , though some men blinde with prejudice had not the perspicacity of discerning truth , yet some others had ; unlesse the argument be good , that because god layeth such a spirit of insalvation upon some men , that seeing they should see but should not perceive , therefore all other men must be like the idols in the psalmist which have eyes and see not . yet for the opening of the eyes , as well of men willing to be informed as wilfully blinded , no 〈◊〉 had the smectymnians revived the controversie , but presently the divine right of episcopacy was maintained and published by dr. hall then bishop of exeter in his answer and reply to their severall tractates , by church-man in the history of episcopacy , by dr. taylor in a book , intituled , episcopacy by divine right , by severall tracts of dr. hammond both in english and latine . but lest these should be as much suspected of partiality , as others of prejudice , we shall finde the like declared in a book writ purposely on that subject by sir thomas aston knight and baronet , and in the aerea mastiques of john they re gent. men no may interessed ( but onely by their good affections ) in the churches quarrels . and some there are not altogether of so good affections , who have done the like . and first the lincolne-shire minister , so much cried up for writing against altars , or rather against placing the communion table altar-wise , doth affirme expresly , pag. 64. that the calling of bishops is founded upon apostolicall , and ( for all the essentiall parts thereof ) on divine right . and secondly , the lord faulkland ( no great friend to bishops , as was shewed before ) in a tract of his against mr. henderson before he squinted toward the court , doth affirm as positively , that there is more to be found for bishops and episcopacy in the holy scripture , than either for the lords day , or for infant-baptism . and thirdly , we shall finde , the learned mr. john selden is not totally against us in this particular , as appeareth by his retortion of the argument of mr. grimston in the house of commons . mr. grimstons argument was this , 1. that bishops are jure divino is of question . 2. that archbishops are not jure divino is out of question : 3. that ministers are jure divino , there is no question . now if bishops which are questioned , whether jure divino , and archbishops which out of question are not jure divino , shall suspend ministers that are jure divino , i leave it to you mr. speaker . which mr. s●…lden ( whether with greater wit or scorn it is hard to say ) thus retorted on him , 1. that the convocation is jure divino is a question . 2. that parliaments are not jure divino is out of question . 3. that religion is jure divino there is no question . now mr. speaker that the convocation , which is questioned , whether jure divino , and parliaments , which out of question are not jure divino , should meddle with religion which questionlesse is jure divino , i leave to you mr. speaker . and so much for that : our author now draws towards the oath , which ( by reason of an &c. carelesly left in by him who transcribed it for the presse ) he falls on with as much severity , as our witty gentleman did with scorns , saying of that &c. that , it was of so mysterious import , a●… the very imposers , much lesse the jurors were not able to decipher what it meant . ] and of a mysterious import i●… had been indeed , if not restrained and limited by the following words . the whole clause in the oath stands thus : nor will i ever give my consent to alter the government of this church by archbishops , bishops , deans , archdeacons , &c. as it stands now established , and as by right it ought to stand . in the construction of which text the &c. as it now stands is a meere impertinency ; for being left in , it signifieth nothing , in regard of the restriction following ; and being left out , the sense is currant and compleat without it . and this , our author , and the witty gentleman , and he that pulled down the crosse in s. pauls church-yard , and others which writ against this oath could not choose but see ; but that they were not willing to see any thing which might make against them . but whereas our author telleth us , that neither the imposers nor the jurors ( that is to say , neither the men that voted to the oath , nor they that were required to take it ) were able to decipher what it meant , i finde by that , that our author hath talked with very few of that convocation . the truth is , that in many canons which were made before this ( as all of them in a manner were ) there was a particular enumeration of all persons vested with any ecclesiasticall jurisdiction , that is to say , archbishops , b●…shops , deans , archdeacons , deans and chapters , and other persons having peculiar or exempt jurisdiction : which having been repeated distinctly and particularly in such of the canons as were first made , was in the first asserting of this canon for avoiding of a tautologie so often iterated , cut off with this &c. with an intention neverthelesse to make the enumeration perf●…ct ( and consequently to expunge this &c. ) before it came to be ingrossed . but the king being weary of the charge and clamour , which the keeping of a guard on the convocation did expose him to , did hasten them to a conclusion by so many messages , brought by sir henvane and others , that in that haste this unlucky &c. was forgotten , and so committed to the presse accordingly . but this &c. is not all which our author quarrels in the o●…th , telling us next , that to exact an oath of dissent from civill establishments in such things of indifferency , was an affront to the very fundamentalls of government , ] our author taking it for granted that the government of the church by bishops is a thing of indifferency ( which is a clearer evidence of his own opinion in this point than we had before ) is much aggrieved that the ●…lergie should binde themselves by oath not to consent to any alteration of it ; and this he calleth an affront to the fundamentals of government ; but on what reason , as he doth not tell us , so for my part i am not able to conceive . it is indeed an affront to government , no●… to submit or yeild obedience unto civill establishments , when made and legally established ; but it is no affront not to give consent to any such establishments while they are in treaty : for then the liberty of assenting or ▪ dissenting , of yea or nay would be taken away from every member in the houses of parliament , and every man must give cons●…nt to every bill which is offered to him . besides there were but few of the convocation whose consent was likely to be asked , when any change of church-government should be set on foot , so that their dissenting or assenting was not much materiall , but as by their readinesse of consenting to such innovations in the publicke government , they might encourage others to proceed against it . here then is no affront to government , much lesse to the fundamentals of it , the o●…th not binding any man not to yeild obedience , but not to give consent to such alteration , no more than it is now at this present time , for many a well-minded man to live quietly and peaceably under the present government of the civil state , who never gave consent to the present change . but so ( i trow ) it was not in the solemn covenant , in which it was not thought enough to binde men to submit to such alterations as were then contriving , but actually to indevour the ●…xtirpation of the whole prelaci●… , that is to say , the government of the church by archbishops , bishops , d●…ans , deans and chapters , arc●…deacons , and all other officers which depend upon them . nor was this ●…quired of the clergi●… onely which had before taken an oath of canonicall obedience to their severall and resp●…ctive bishops , but even of the bishops , deans , archd●…acons , and members of capitular bodies , who having took a former oath for the preservation of the lands and priviledges of their severall church●… , must by this covenant be bound to indeavour their own extirpation , and the subversion of those churches , and consequently every one of them must be a f●…lo de se , as our lawyers phrase it . our author hath not done with the oath , for he findes fault n●…xt . that the juror therein declares he swears willingly , to which he was to be constrained under the highest penalties . ] this is a grievous crime indeed , but such ( if any crime it be ) as the high court of parliament hath been guilty of , in drawing up the oath of allegiance , in the third yeare of king james : in which the party is to swe●…re , that he ●…akes that recognition , not only heartily and truly , but also willingly 〈◊〉 and yet the ●…aking of that o●…th is imposed on all the subj●…cts under severall penalties , if any of them should refuse it . a crime it is in both or neither ▪ and therefore our author hath proceeded with great partiality , in faulting that as ill done in the convocation which passed with so great judgment and authority in the court of parliamen●… . our author having done with the oath , goes back to the canon about socinianisme , which he excepts against , because as the scots condemned the arminian tenets , without defining what those tenets were , so did these the socinians , not declaring wherein they were culpable . ] i am loth to think our author to be a socinian , though his advocating for them in such manner may invite me to it ; for otherwise the case he putteth is extremely different . the arminian tenets were but few , reduced to five , and not increased in the long agitation of those weighty controversies , and so might easily have been reckoned and defined when the scots condemned them : but so●…inianisme is a complication ( as the canon calls it ) of so many her●…sies , that the bare specification and recitall of them ( which must be made by searching into their books and papers ) might have taken up the greatest part of the time which the convocation had to spend in all other businesses . it was as much as they could doe to condemne it under that generall notion , to interdict the bringing in ▪ printing , and studying such books as contained those heresies . and finally , to lay such a brand upon it , as men might know how much these tenets were abhorred by the church of england . and yet for all this great care they had little thanks , not onely ou●… author being displ●…ased with their proceedings , but the rise , growth , and danger of socinianisme was not long after charged on the archbishop and divers eminent members of that convocation , by one mr. cheynell , and that too in a printed pamphlet written to that purpose , anno 1643. so hard a thing it is to keep a good conscience , and to please all parties . from this our author passeth to the benevolence which the clergie granted to the king in that convoc●…tion , being of four shillings in the pound to be payd yearly for six years next following . which was beheld ( saith he ) as an act of very high presumption , and an usurpation upon the pr●…minence of parliament , no convocation ▪ having power to grant any subsidies o●… aid without confirmation from the lay-senate . ] with ignorance enough in them that beheld it so ▪ or looked upon it as an act of very high presumption ; the english clergie being the greatest slaves which the sunne ever shined on , if they could not give away their own without leave from others . but whereas our author puts it down for a rule in government , that no convocation hath power to grant any subsidies or aide without confirmation from the parliament ; i must let him ( and all that shall reade him ) know , that never was any rule more false , nor more weakly grounded ; the clergie in convocation having as much power to give away the money of the clergy , by whom they are chose to that employment ; as the commons in parliament have to give the money of the cities , towns , and counties , for which they serve . for in the choosing of the clerks for the convocation there is an instrument drawn up and sealed by the clergie , in which they binde themselves to the archdeacon or archdeacons of their severall diocesses , upon the pain of forfeiting all their lands and goods , se ratum , gratum & acceptum habere , quicquid dicti procuratores sui dixerint , fecerint , vel constituerint , that is to say , to allow , stand to , and perform whatsoever their said clerks or proctors shall say , do●… , or condescend unto on their behalfe . greater authority than this , as the commons have not , so why the clergie in the convocation should not make use of this authority , as they see occasion , i can finde no reason . nor is it a speculative authority onely , and not reducible unto practice and authority which was then in force , but not then in use , as our author hath distinguished in another place ; but very safely praecedented in qu●…en elizabeths tim●… . for in the year 1585 , ( if i remember it right , as i think i doe ) the convocation having given one subsidie confirmed by parliament , and finding that they had not done sufficiently for the queens occasions , did after adde a benevolence or aide of two shillings in the pound to be levied upon all the clergie , and to be levied by such synodicall acts and constitutions as they digested for that purpose , without having any recourse to the parliament for it ; which synodical acts and constitutions the clergie of this present convocation followed word for word , not doubting but they had as good authority to doe it now , as the convocation in q. elizabeths time h●…d to doe it then ; and so undoubtedly they had , whatsoever either our author here , or any other enemy of the churches power can alledge against it . our author hath now done with the convocation , and leads us on u●…to the warre levied by the scots , who had no sooner made an entrance , but the king was first assaulted by a petition from some lords of england , bearing this inscription , to the kings most excellent majestie . the humble petition of your majesties most loyall and most obedient subjects , whose names are under-written , in behalf of themselfs & divers others . ] concerning this we are to know , that a little before the scots fell into england , they published a pamphlet , called the intentions of the army ; in which it was declared , that they resolved not to lay down armes till the reformed religion were setled in both kingdomes upon surer grounds , the causers and abettors of their present troubles brought to publick justice , and that justice to be done in parliament : and for the causers of their troubles they reckoned them in generall to be the papists , prelates and their adherents , but more particularly the archbishop of canterbury , and the lieutenant of ireland . in correspondence hereunto comes this petition , subscribed by six earles , one viscount , and four barons , being no other than a superstructure upon that foundation , a descant only on that plain song . and presently on the back of that , another is posted to the same effect from the city of london : so that the clouds which gathered behinde him in the south were more amazement to the king than this northern tempest , the petition of the londoners , ( that we may see how well the businesse was contrived ) was this that followeth , to the kings most excellent majestie . the humble petition of your majesties loyall subjects the citizens of london . most gracious soveraign , being moved by the duty and obedience which by religion and lawes your petitioners owe unto your sacred majestie , they humbly present unto your princely and pious consideration , the severall and pressing grievances following , viz : i. the great and unusuall impositions upon merchandize imported and exported . ii. the urging and levying of ship-money , notwithstanding which , both merchants , their goods , and ships have been taken and destroyed by turks and pyrates . iii. the multitude of monopolies , patents , and warrants , whereby trade in the city , and other parts of this kingdome is much decayed . iv. the sundry innovations in matters of religion ; the oath and canons newly imposed by the late convocation , whereby your petitioners are in danger to be deprived of their ministerie . v. the concourse of papists and their habitation in london , and the suburbs , whereby they have more means and opportunities of plotting and executing their designes against the religion established . vi. the sudden calling and sudden dissolution of parliaments , without addressing of your subjects grievances . vii . the imprisonment of divers citizens for not payment of ship-money , and other impositions , and the prosecution of others in the starre . chamber for non conformity to commands in patents and monopolies , whereby trade is restrained . viii . the great danger your sacred person is exposed unto in the present warre , and the various fears that have seized upon your petitioners , and their families , by reason thereof . which grievances and feares have occasioned so great a stop and destruction in trade , that your petitioners can neither sell , receive , nor pay , as formerly , and tends unto the utter ruine of the inhabitants of this city , the decay of navigation and cloathing , and other manufactures of this kingdome . your petitioners humbly conceiving the said grievances to be contrary to the laws of this kingdome , and finding by experience that they are not redressed by the ordinary courts of justice ; doe therefore most humbly beseech your royall majestie to cause a parliament to be summoned with all convenient speed , whereby they may be relieved in the premisses . and your majesties , &c. the like petitions there came also from other parts , according as the people could be wrought upon to promote the business ; which makes it the lesse ma●…vell that petitions shou●…d come thronging in from all parts of the kingdome ( as soon as the parliament was begun ) craving redresse of the late generall exorbitancies both in church and state , as fol. 129. we are told by our author . and to deny the sco●…s any thing , considering their armed posture , was interprered the way to give them all . ] in the intentions of the army before mentioned , the scots declared that they would take up nothing of the countrey people without ready money , and when that f●…iled , they would give bills of debt for the p●…yment of it . but finding such good correspondence , and such weak resistance after their en●…ry into england , they did not onely spoil and plunder wheresoever they came , but would not hearken to a cessation of armes , during the time of the treaty then in agitation , unlesse their army were maintained at the charge of the english. and this was readily yeilded to , for fear ( it seems ) l●…t by denying the scots any thing , we should give them all . i know ind●…ed , that it is neither safe nor prudent , to deny any reasonable request to an armed power , arma t●…nti omnia dat qui justa negat , as the poet hath it , and thus the story of david and nabal will inform us truly . but then it must be such a power which is able to extort by force , tha●… those which they cannot otherwise procure by favour , which whether the scots were masters of , i do more th●…n question . exceedingly cryed up they were , both in court and city , as men of most unmatchable valour , and so undoubtedly they were , till they found resistance ; their officers and commanders magnified both for wi●… and courage , the common soldiers looked on as the sons of enoch , ●…he english being thought as grasse-hoppers in comparison of them , which notwithstanding the earl of strafford ( then general of the english army ) would have given them battaile , if the king had been willing to engage ; and signified by letters to the archbishop of canterb●…y , that he durst undertake ( upon the p●…rill of his head ) to send them back faster th●…n they came , but that he did not hold it concellable , as the case then stood . it is an old saying , & a true , that the lion is not so fierce as he is painted ; nor were the scots such terrible fellowes , as they were reported . for when they met with any who knew how to 〈◊〉 with them , they proved such lyons as the boy saw the butcher carry by two and two together upon a horse ; repulsed with shame and ignominy from the walls of hereford , driven out of the field with foul dishonour in the fight on marston-moor , n●…r york ; totally routed by the gallantry and conduct of one man in three severall battails , in lancashire , at dunbar , at worcester , the command of their own country taken from them , and themselves made 〈◊〉 to a people , whom they most despised . but 〈◊〉 they br●…wed , so let them bake , for the thought is taken . james e●…rle of montrosse having long and faithfully adhered to the covenanters , &c. ] the reason of which adh●…ring to them , as he afterwards averred unto the king was briefly this . at his returne from the court of france , where he was captaine ( as i take it ) of the sootish guard , he had a minde to put himself into the kings service , and was advised to make his way by the marquesse of hamilton ; who knowing the gallantry of the man , and fearing a competitor in his majesties favour , cunningly told him , that he would doe him a●…y service , but that the king was so wholly given up to the english , and so discountenanced and sleighted the scotish nation , that were it not for doing service for his countrey ( which the king intended to reduce to the forme of a province ) he could not suffer the indignities which were put upon him . this done , he rep●…es unto the king , tells him of the earls returne from france , and of his purpose to attend him at the time appoint●…d ; but that he was so powerfull , so popular , and of such esteem among the scots , by reason of an old descent from the royall family , that if he were not nipped in the bud ( as we use to say ) he might end anger the kings interesse and affaires , in scotland . the e●…rle being brought unto the king , with very great demonstrations of affection , on the marquesses part , the king without taking any great notice of him , gave him his hand to kisse , and so turned aside : which so confirmed in the truth of that false report , which hamilton had delivered to him , that in great displeasure and disdaine , he makes for scotland , where he found who knew how to worke on such humours , as he brought along with him , till by seconding the information which he had from hamilton , they had fashioned him wholly to their will. how he fell off againe , we are told by our author . tuesday november the 3. being the day prefixed , and the parliament sate , &c. ] touching this day there was a letter wrote to the archbishop of canterbury , advertising that the parliament of the twentieth yeare of henry the eighth , which began in the fall of cardinall wolsey , continued in the diminution of the power and priviledges of the clergy , and ended in the dissolution of the abbies , and religious houses , was begun on the third day of november ; and therefore that for good luck sake , he would move the king to respite the first sitting of it , for a day or two longer . but the archbishop not he●…ning to this advertisement , the parliament had their first sitting on tuesday the third day of november , as our author telleth us : which parliament as it begun in the fall and ruine of the archbishop himself , and was continued in the totall dissipation of the remaining rites and priviledges of the english clergy ; so did it not end till it had subverted the episcopall government , dissolved all capitular bodies , and left the cathedralls of this land ( not presently ruined i confesse , but ) without meanes to keep them up for the time to come . i am no superstitious observer of dayes and times , and yet am apt enough to thinke , that the beginning of an enterprise in a lucky houre , may much conduce to a fortunate and successefull end . certaine i am , that machiavel hath told us in the first book of his history of flor●…nce , that when pope martin the third had besieged furly ( a chief town of romondiola or romagna ) guido bonatus ( a man renouned unto this day for judicious astrology ) perswaded the people of that city , that so soon as he gave them a token , & not before , they should presently assault their enemies , which they did accordingly , and sped so well by the advice , that all their enemies were slaine , and the siege removed . our author having thus named tuesday for the day of the week , and the third day of november for the day of the month , on which the parliament began , proceeds in telling us , that the day prefixed being come the parliament sate . ] but where the parli●…ment sate , he telleth us not , though there be all the reason in the world why he should have told it : for who could rationally suppose that a parliament called at such a time , and on such an occacasion ( that is to say , the over-running of the northern parts of the kingdome by a scottish army ) should be held at westminster ; when yorke ( where the king was there in person ) lay nearer to the danger , and the scene of action , and to the place of treaty betwixt the nations . these reasons were sufficient to have moved the king to hold this parliament at yorke , and not at westminster , had he known nothing of the disaffections and engagements of the neighbouring city , as he knew too much . and he had some good presidents too , which might have added no small weight to those weighty reasons , for when king edward the first was busie in the conquest of wales he called his parliament to acton-burnell , being in the marches of that countrey ; and when he turned his forces to the conquest of scotland , he called his parliament to carlisle , ( if my memory faile me not ) being on the borders of that kingdome . had the king made choice of the like place for this present parliament ( which he did afterwards indeavour to alter when it was too late ) he had undoubtedly prevented all those inconveniences ( or rather mischiefes ) which the pride , purse , faction , and tumul●…uousness of the londoners did afterwards enforce upon him . and yet as if he had not erred enough in calling his parliament so neer london , the commissioners for the treaty must also be brought thither by especiall order , that they might have the greater opportunity to inflame that city , and make it capable of any impression , which those of the scotish nation , should thinke fit to imprint upon them . for never were men idolized there , as the scotch commissioners , feasted , presented , complemented by all sorts of people ; their lodgings more frequented at the publick times of prayers , or preachings , then ever were the houses of the embassadors of the pop●…sh princes , by the opposite party . what ensued hereupon , we shall finde in our author , when he comes to tell us , what multitudes followed alderman pennington , and how many thousand hands subscribed the petition which the alderman carryed , against the government of b●…shops then by law established ; what greater multitudes thronged down afterwards to the house of parliament , to call upon the peers for justice on the earl of strafford . the two main points which the scotish covenanters aimed at , in bringing their army into england . in order whereunto , the e●…le of strafford is impeached of high treason now . and thereupon requested from the parliament house , and committed to the usher of the black rod. ] which was the least that probably would be requ●…sted upon such an impeachment , and that being granted , a question was raised amongst knowing men , whether the earl of strafford took his accustomed wisdome and courage along with him , when he came to the parliament . some thinke he failed in point of wisdome , in regard hee could not chuse but know , that the scots and scotizing english , had most infallibly resolved upon his destruction ; and that innocency was no armour of proof against the fiery darts of malicious power ; that seeing such a storm hang over his head , he rather should have kept himselfe in the english army ( being then under his command ) which he had gained upon exceedingly by his noble carriage , or have passed over into ireland , where the army rested wholly at his devotion ; or have transported himselfe to some forraine kingdome , till faire wether here ( in reference to his owne safety , and the publick peace ) might invite him home ; that it was no betraying of his innocency to decline a triall , where partiality held the scales , and selfe-ends backed with power , and made blinde with prejudice , were like to over-ballance justice : that if sentence should be passed against him for default of appearance ( which was the worst that could befall him ) yet had he still kept his head on his shoulders untill better times , and in the meane time might have done his master as good service in the courts of many forraigne princes , as if he were siitting in white-hall at the councell table . on the other side it was alledged , that all these points had been considered of , before his leaving of the army ; that whilst he lay so neer the scots in the head of this army , he had gained ( as he thought ) certaine and assured evidence that the scots army came not in , but by imitation ; that there was a confederacy made between the heads of the covenanters , and some of the leading members of both houses , his most capitall enemies , to subvert the government of the church , and innovate in that of the civill state ; that he had digested his intelligence in those particulars into the form of an impeachment , which he intended to have offered in the house of peers , assoon as he had taken his place amongst them ; that mr. pym , whom it concerned as much as any , fearing or knowing his intendments , followed him so close at the heels , and had his impeachment so ready in his mouth , that he was ready to give , and did give the blow , before the earle of strafford could have time and leisure to effect his purpose ▪ this therefore being left undecided , it was said by others , that the earle shewed not that praesentiam animi , that readiness of courage and resolution which formerly had conducted him through so many difficulties , in giving over his designe ; for though he lost the opportunity of striking the first blow , yet he had time enough to strike the second , which might have been a very great advantage to his preservation . for , had he offered his impeachment , and prosecuted it in the same pace and method , as that was which was brought against him , it is possible enough , that the businesse on both sides might have been hushed up without hurt to either . and for so doing he wanted not a fair example in the second parliament of this king , in which he served for the county of yorke in the house of commons , when the earle of bristol being impeached of high treason by the kings attorney , at the instance and procu●…ement of the duke of buckingham , retorted presently a recrimination or impeachment against the duke , and by that meanes , tooke off the edge of that great adversary from proceeding further . this i remember to have been the substance of some discourses which that time produced , how pertinent and well grounded , must be left to the readers judgment . certain i am , it was much wondred at by many , that a man of so great spirit and knowledge should yeild himself up so tamely , on a generall accusation only , without any particular act of treason charged upon him , or any proof offered to make good that charge , not only to the losse of his liberty as a private person , but to the forfeiture of his priviledge as a member of parliament ; all which points were so much insisted not long after by mr. pym , and the rest of the five members when they were under the like impeachment ( though not so generall as this ) on the kings behalf . but being all these considerations were not thought of or passed over by him , and that the commons sped so well in their first attempt , it was not wondred at , that they brought the archbishop ( within few weeks after ) under the like generall charge of treason , or that he yie●…ded without any opposition to the like commitment : of whom our author telleth us , that a mixt accusation , halfe scotch , halfe english , was preferred against him , and on the 18 ●…e was voted guilty of high treason , and committed to the usher of the black rod. ] to give the true timeing of this businesse ( which our author doth a little faile in , he may please to know , that on wednesday the 16 of decemb . the canons being voted down in the house of commons ( of which more hereafter ) a committee was appointed to draw up a charge against him ; and the same day ( not on the 17 , as our author ) he was named an incendiary by the scotch commissioners , who promised to bring in their complaint against him on the morrow after , the lord paget being made the instrument to serve them in it . no complaint coming from the scots on thursday , mr. hollis is sent up with the impeachment on the friday morning , and presently came in the charge of the scotch commissioners ; upon the reading whereof , he was committed to the custody of james maxwell , usher of the black rod , as our author telleth us . there he continued full ten weeks before any particular charge was brought against him , during which time he had gained so much on the good opinion of ginne rider mr. maxwells wife , that she was pleased to say amongst some of her gossips , that certainly he was a very devout and religiou●… man , but one of the simplest fellows to talk with that ever she knew in all her life . on friday feb. 26. on the ten weeks end , the charge before spoken of was brought up by sir henry vane the younger from the house of commons : and upon munday march the first he was conveyed unto the tower , continuing in the state of a prisoner from the first to the last above four years before he came unto his last and fatall tryall . but it is time , that we goe back unto the place where we left our author , and we shall finde there , that there was not greater care taken to commit this bishop to the tower , then to release another from it ; of which he saith , that munday the 16 of novemb. the lord bishop of lincolne was set free of his imprisonment in the tower , upon the suit of the house of peers to his majestie , and the next day , being a day of humiliation , he was brought into the abbey church by six bishops , and officiated there as dean of westminster before the lords . ] so shall it be done unto the man whom the people honour . never was man more honoured for the present both by lords and commons , his person looked upon as sacred , his words deemed as oracles ; and he continued in this height , till having served their turn against the archbishop of canterbury , and the earle of strafford , he began sensibly to decline , and grew at last the most hated man of all the hierarchie . but he was wise enough to foresee the change , and prepare himself for it : for , i remember , that congratulating him for the high esteem , to which he had attained in both houses of parliament ; and representing to him the many opportunities which he had thereby of doing service to the king , and good to the church : he told me , that he did not think that the parliament had any better affections for him than for the rest of his brethren ; that the difference between them stood onely thus , that some of them might be more hated than he , but that he was not more beloved than any of them ; and finally , ( such was the freedome he used with me ) that all the courtes●…e he expected from them , was that which poliphemus promised to ulysses , that is to say , to eat him last after he had devoured his fellows . how truly this was said the event hath proved . it was unanimously voted by the commons , that the charge imposed upon the subject for the providing and furnishing of ships , and the assesments for raising of money for that purpose ( commonly called ship-money ) are against the laws of the realme . ] nor was it only voted thus in the house of commons , but afterwards in the house of peers , and all proceedings in the case both at the councell table , the star-chamber , and the courts of justice declared null and void : yet for all this , the opinion of the legality of it was so fixed in the mindes of many understanding men , that it could not easily be removed : 1. in regard of the great learning and integrity of the man , by whom it was first set on foot . 2. because all the judges had subscribed unanimously to the lawfulnesse of it in time of danger , of which danger the king was declared to be the judge . 3. because being brought to a publick tryall , after it had been argued by the councel on both sides in the courts of justice , and by all the judges in the exchequer chamber , there passed a definitive sentence for it in behalf of the king. 4. because voted down by the houses of parliament in a meer arbitrary way , than was expected without being brought to a review , neither the kings councell being heard , nor the judges called to shew the reasons of their opinions . 5. because it was ordered by the house of commons , that the arguments of justice crooke , and justice hutton for the illegality thereof should be put in print : those of the other eight judges which were for the l●…gallity of it , continuing suppressed ; which gave occasion to most men to think that there was more reason for it in those arguments than was thought fit to see the light . and last of all , because notwithstanding all this care to vote down this assesment , they were faine to have recourse to the king , for obtaining of an act of parliament to secure them from it for the time to come . in the mean time it was thought fit to impeach the judges of high treason , that having such a rod over them , they might be sure that nothing should be declared for law , but as they would have it . not being satisfied in this vote , i fear i shall finde lesse satisfaction in that that follows , that is to say , that the clergie in a synod or convocation hath no power to make canons , constitutions , or lawes , to binde either laity or clergie without a parliament . ] this is a new piece of state-doctrine never known before , the convocation having no dependence upon the parliament , either in the calling or dissolving of it , nor in the confirmation & authorizing of the acts thereof , but only on the king himselfe ; and not upon the kings sitting in the court of parliament , but in his palace or court royall wheresoever it be . and this appeareth both by the statute made in the 26 of henry 8th , and the constant practise ever since . but whereas it was voted also , that the canons are against the fundamentall lawes of this realme , and against the kings prerogative , &c. i am to tell my author , that before the canons were subscribed , they were imparted to the king , and by him communicated to the lords of the privy councell , the judges , and the kings councell , learned in the laws of this realm , being then attending , in the hearing of all which they were read , and by all approved : which had been strange , if any thing tending unto faction and sedition , or to the diminution of the subjects property , and the kings prerogative , or otherwise against the known laws of the land , had been found in them . and finally , whereas our author doth inform us , that this censure passed upon the canons , upon a full debating of the cause on both sides , i would faine know by whom it was debated on the behalf of the clergie . i have some reason to believe that none of the clergie of that convocation , who best understood their own businesse , were called to the debating of it , or that they did appear there , by their councell learned , sufficiently authorized , and instructed to advocate for them ; and therefore if any such debating was , it must be managed either by some members of their owne house , or by some london ministers , purposely called out of the rest to betray the cause ; and be it which of these it will , it is not to be doubt●…d , but their arguments were either fi●…ted to the sence of the house , or built on such weak promises , as nothing but a vote of condemnation could ensu●… upon them . nor was it thought sufficient to decry the canons , unlesse the canon-makers were kept under by the hand of terrour ; and therefore , as before , they impeached the judges , so did they frame a bill , for fineing all the clergy of that convocation , according to the place and station which they held therein : by this meanes keeping them in such awe , that sew of them durst appeare in maintenance of their owne authority , or in opposing those encroachments , and innovations , which day by day were thrust upon them . toward which worke our nation was so auxiliary , so assistant , yet at the end brought them in no bill of charges . ] there was no reason why they should , having got more by the bargaine then their charges came to . mary of scotland then married to frances the second of france , had taken on her ( at that time ) the stile and title of queen of england ; and the better to pursue that title , had put some companies of the french into the castle of edenborough , the town of lieth , and other places of that kingdome . the scots being then busied in the reformation of the kirk , looked on these french , as purposely sent thither by the king and queen to crosse their actions , and hold them under the dominion of the popes of rome ; and thereupon made suit unto queen elizabeth , to supply them with men , money , and ammunition , for driving the frenchmen out of their countrey . and hereunto the queen most readily assented , knowing full well how much it did import the safety of her person , and the preservation of her title , estate , that the french should not be setled in the forts and castles which lay neer the borders of this kingdome . so that by succouring the scots in such proportion as they had desired , she played her owne game as well as theirs . for by dislodging the french , and quitting the whole countrey of them , she kept that back-door shut against all pretenders ; and by feeding the most popular of the scotish nobility , ●…ith gifts and pensions , she got her selfe so strong a party in that kingdome , that she became more absolute there , than ever any king of scotland had been before her . the bishops were excluded by antient canon lawes of the councell of toledo , to be assistant in cause of blood or death , as disagreeable to their function . ] that the bishops were disabled by some anti●…nt canons , from sentencing any man to death , and ( it may be ) from being present when any such sentence was pronounced , i shall easily grant ; but that they were disabled from being assistants in such cases , from taking the examinations , or hearing the depositions of witnesses , or giving councell in such m●…ters as they saw occasion , i believe our author cannot prove●…●…ertaine i am , that it is . and hath been otherwise in point of practice . and that the bishops sitting as peers in an english parliament , were never excluded before this time , from any such assistances , as by their gravity and learning , and other abilities , they were enabled to give in any darke and difficult businesse ( though of blood and death ) which were brought before him . and i remember i saw about that time a little m●…nuscript tract entituled , de jure paritatis episcoporum , that is to say , of the right of the peerage of the bishops , in which their priviledges were asserted , ●…s to that particular : but they not willing to contend in a business which seemed so little to concerne them , or else not able to strive against the present stream ▪ which seemed to carry all before it , suffered themselves to be excluded at that time , without protesting to the contrary , or interposing in defence of their antient rights . and this i look on as the first degree of their humiliation . for when it was perceived that a businesse of so great consequence might be done in p●…rliament , without their councell and consent , it opened a wide gap unto their adversaries , first to deprive them of their votes , and after to destroy even the calling it selfe . but this was not the main point which the commons aimed at , they were resolved to have a close committes , to take examinations in the business of the earl of strafford , and were not willing that any b●…shops should be of it , for feare le●…t favouring the earles cause or person , they might discover any part of those secret practices which were had against him , and thereby fortifie and prepare him for his just defence , when the cause should come unto a tryall . and now it is coming on apace , for our author telleth us , that munday the 22. of march was the day prefixed of the earles compearing . ] that is to ●…ay , of his appearing a●… westminster-hall , where the lords were to sit as judges , and the commons as prosecutors and solicitors onely . if it be asked how it came to passe that the day was prefixed no sooner , considering that he was accused and committed on the 11. day of november , which was above four months before ? i answer , first , that the examination of so many witnesses as were used against him , ( many of which were sent for out of ireland by especiall warrant ) took up no small time . i answer secondly , that in this intervall of time there had been some endeavour used by the royall party , to mitigate the displeasures , and take off the edge of his greatest adversaries ; and it came so farre towards an agreement , that there was a designation of some offices of the greatest , both trust and power , to be given amongst them : it being condescended too ( if my intelligence or memory faile not ) that the earl of bedford should be made lord treasurer , and master pym chancellor of the exchequer , the earl of essex governour of the prince , and that master hambden should be his tutor , the lord say master of the wards , and master hollice principall secretary in the place of windebanke , the deputiship of ireland was disposed ▪ of also , and some command appointed to the earl of warwick in the royal navie . and in relation to this purpose , the bishop of london delivered to the king the treasurers staffe , the earle of newcastle relinquished the governance of the prince , and the lord cottington resigned his offices both in the exchequer and court of wards , there being no doubt but that bishop duppa would relinquish the tutourship of the prince when it should be required of him : but before all things were fully setled and agreed on , the kings minde was altered , which so exasperated them who were concerned in this des●…gnation , that they pursued the earle of strafford with the greater eagernesse . and somewhat to this purpose was hinted in the kings declaration of the 12 of august , in which he signified what overtures had been made by them , and with what importunity for offices and preferments , what great s●…rvices should have been done for him , and what other undertakings even to have saved the life of the earle of strafford . by which discovery as he blemished the repute of some principall members in the eyes of many of the people , so he exposed himself to some disadvantages in the eyes of others , by giving them to understand at how cheap a rate ( a rate which would have cost him nothing ) he might have saved the life of such an able and deserving minister . secretary vane upon some occasion delivered to his son sir henry vane the key of a cabinet to fetch some papers layed therein , &c. ] what this occasion was is easie to be seen by the sequell of it , especially if compared with those animosities and displeasures which the secretary had harboured against the earl. sir henry vane had obtained of the king not long before , the manour of rabie in the bishoprick of durham , not without hope of being made baron of that place by his majesties favour . on the other side the lord lieutenant deriving his descent from the nevils , earles of westmor land , whose honorary seate that was , procured himself to be created baron of rabie in those letters patents , by which he was invested with the earldome of strafford . this gave the beginning to that fire which consumed the earle , but not till it had been much increased on another occasion . there was a thrifty designe in court to save the king the charges of a publick table ; and to that end it was advised that sir henry vane then treasurer of the houshold should be made one of the principall secretaryes in the place of sir john cooke then weak with age , but so that he should still hold the treasurership in the way of commendam . scarce was vane warm in his new office when the earle of strafford interposed , alleaging to the king , that he had no other correspondent in the court for the businesses of ireland but mr. secretary cooke , and that if he should be displaced , his majesties affairs in that kingdome might extremely suffer . on this , a sudden stop was made , and cooke restored , continuing in his former office till the queen openly appeared in behalf of vane , who so prevailed that vane was setled in the place , and cooke dismissed into the countrey , as no longer serviceable ; which fewell being added to the former fire , made it flame so high that nothing but death or blood could quench it . insomuch as it was thought by many understanding men , that sir henry vane did purposely misreport the kings message to the former parliament for abrogating the ship-money in hatred to the earle of strafford , who had undertook to manage that parliament to the kings advantage : and that seeing him to continue still both in power and favour , he fell upon that speeding project which our author hath related in that which followeth in the story ; that by such a cunning piece of malice , he might rather seem to offer him up as a sacrifice to the publick justice , than to his own particular hatred , ah ult io magis publicè vindictae quam privato odio dato videatur , as in the like case the historian hath it . for the c●…ons were resalved that day should set a totall period to the earles defence , and next to speed their bill 〈◊〉 a●…tainder . ] the commons had now spent a moneth in prosecuting their acousation against the earle of strafford , and seeing how little they had gained in order to the point they aimed at , resolved to steer their course by another winde . for finding that their proofs amounted not to a legall evidence , and that nothing but legall evidence could prevail in a way of judicature , they called the legislative power to their assistance ; according unto which , both lords and commons might proceed by the light of their own consciences , without any further proof or testimony . and so it is affirmed expresly by mr. st. john then sollicitor generall in his speech made at a conference in a committee of both houses of parliament , april the 29. 1641. where it is said , that although single testimony might be sufficient to satisfie private consciences , yet how farre it would have been satisfactory in a judiciall way where forms of law are more to be stood upon , was not so clear ; whereas in this way of bill , private satisfaction ▪ to each mans conscience is sufficient , although no evidence had been given in at all . thus they resolved it in this case , but knowing of what dangerous consequence it might be hereafter , to the lives and fortunes of the subjects , a clause was added to the bill that i●… should not be drawn into example for the time to come : which because it may seem somewhat strange to them that know it not , i will here adde so much of the said bill as concerns this point : in which said bill the heads of the accusation being reckoned up , it followeth thus , viz : be it therefore enacted ▪ by the kings most excellent majestie , and by the lords and commons in this present parliament assembled , and by the authority of the same , that the said earle of strafford for the heynous crimes and offences aforesaid , stand and be adjudged and attainted of high treason , and shall suffer such pain of death , and incurre such forfeitures of his goods and chattells , lands , tenements , and hereditaments , of any estate of free-hold , or inheritance in the said kingdomes of england , and ireland , which the said earle or any other to his use , or in trust for him , have , or had the day of the first sitting of this present parliament , or at any time since . provided that no judge or judges , justice or justices whatsoever , shall adjudge or interpret any act or thing to be treason , nor hear or determine any treason , nor in any other manner , then he or they should or ought to have done before the making of this act , and as if this act had never been made . thus have we treason and no treason in the selfe-same action ; that being judged treason in this one man , which never was to be judged treason in any other . but whatsoever it was , it was conceived that many of the lords began to shew themselves more forwards to comply with the commons , then they had done formerly . whereof the king having notice , he thought it high time for him to interpose , &c. and calling both houses together , may the first , said , &c. ] this coming of his majesty , and the speech then made , as it relished so ill with the two houses , that few of them attended on the solemnit●…es of the next day , on which the kings eldest daughter was married to the prince of orange , so gave it no contentment to the e●…rle himselfe , whose death it rather 〈◊〉 , and made sure worke of , then it could any wa●…es conduce to his preservation . that passage in the kings speech , in which he signified , that the misdemeanours of the earle were so great and many , that he was not fit to serve in the place of a constable , wrought more impression on the spirits of that noble gentleman , then any kinde of death ( whatsoever it were ) which his enemies could inflict upon him , though with great modesty he did no otherwise expresse it , in a letter sent unto the king , then that he could have wished his majesty had spared his declaration on saturday last . but the earles friends were as much unsatisfied in the kings coming at that time , as in that passage of his speech , giving it out , that the king was put upon it by some of his bosome-enemies , which were in neerest trust about him , on purpose to set him at greater odds with the house of commons , and consequently with the people whom they represented , by drawing on himselfe the envy of that businesse , howsoever it happened ▪ that if the earle should be attainted notwithstanding by the votes of the lords , it wo●…ld be looked upon as a thing done against his will , and no thanks to him ; but if he were acquitted by them , who but the king must beare the storme of all popular clamours : that it was possible enough that the curs could be so considerate of ▪ their own condition , as not to make a rod for them●…elves , under colour it was intended for another man , and so that bill of attainder might have rested there ; but had it passed ( which was the worst that could happen in it ) the king had still the liberty of a negative voice , or might have yeilded at the last , to the importunity of the commons , with lesse dishonour , then after such a declaration , and so publickly made : and finally that by dissenting from the bill when it came to his turn●… , it could have raised no greater tumults then it d●…d , to compell him to it , and possibly had raised none at all , because he had done it in a parliamentary and regular way ; whereas his coming at that time , and in that manner to the house of peers , was looked upon as a forestalling of their judgements , and interruption of the course of justice by threats and menaces , from whence what fruits could be expected , but the exasperating of the commons to such acts of violence , as should not onely make sure worke with the earle of strafford , but lay a ground of 〈◊〉 troubles for himselfe and hi●… . this was the summe of those discourses at that time , which whe●…her they had ▪ more of truth , or of passion in them , it is ha●…d to say . but who can goe again●…t the workings of that heavenly providence , ●…hose judgements are past finding out , and his wayes unsearchable . what 〈◊〉 hereupon ensued , we shall finde in our 〈◊〉 , who ●…elleth us withall , of 〈◊〉 people thus drawn together , th●…t they posted upon the gate of westminster a catalogue of those whose 〈◊〉 were for the earles acquittall , under the title of straffordians . ] this paper was not posted up on the gate of westminster , but on the corner of the wall of sir william brunkards house , in the old paelace yard in westminster , with this clause added to the end , this and more shall be done to the enemies of justice . the names of which 〈◊〉 , since our author hath not pleased to give us , and that i thinke it neither dishonourable , nor unsafe to them ( being elsewhere printed ) i shall here adde in the same order as they stood in the paper , that is to say , 1. lord digbie . 2. lord compton . 3. lord buckhurst . 4. sir rob. hatton . 5. sir thomas fanshaw . 6. sir edward alford . 7. sir nicho. slanning . 8. sir thomas danby . 9. sir geo. wentworth . 10. sir peter wentworth . 11. sir frederick cornwallis : 12. sir william carnaby . 13. sir richard winn. 14. sir gervase clifton . 15. sir william withrington . 16. sir william pennyman . 17. sir patrick curwent . 18. sir richard lee. 19. sir henry slingsby . 20. sir william portman . 21. mr. gervase hallis . 22. mr. sydny godolphin . 23. mr. cooke . 24. mr. coventry . 25. mr. ben. weston . 26. mr. will. weston . 27. mr. selden . 28. mr. alford . 29. mr. floyd . 30. mr. herbert . 31. captain digby . 32. sergeant hide . 33. mr. taylor . 34. mr. griffith . 35. mr. scowen . 36. mr. bridgman . 37. mr. fettiplace . 38. dr. turner . 39. ●…pt . charles price . 40. dr. parry civilian . 41. mr. arundell . 42. mr. newport . 43. mr. holborne . 44. mr. noell . 45. mr. kirton . 46. mr. pollard . 47. mr. price . 48. mr. travanmian . 49. mr. jane . 50. mr. edgecombe . 51. mr. chilchly . 52. mr. mallery . 53. mr. porter . 54. mr. white secret. e. d. 55. mr. warwick . these were the men exposed unto the fury of ungoverned people , so mad and violent , that some of them were heard to say , that if they could not have the lieutenants life , they would have the kings . this protestation being formed was the next day read in the lower house , and generally taken by all the members . ] our author is here out as in that before , the protestation not being taken the next day after it was framed , but on the very same day before the memhers were committed to go out of the honse ; and though it was taken generally by all the members , yet it was not taken by them all , the lord digbie and an unkle of his refusing it . but being taken by all the rest , it was not long after sent to the lords , by whom ( neither out of fear or favour ) it was taken also ; and afterwards imposed upon all the subjects by an order of the house of commons , july the 30th . 1641. under pain of being thought unfit to bear any office either in the church or common-wealth ; the lords not onely not consenting to it , but dissenting from it . which protestation ( being omitted by our author , i shall here subjoyn , that we may see how punctually it hath been observed by them that took it , and is this that followeth : i a. b. doe in the presence of almighty god , promise , vow , and protest to maintain and defend , as far as lawfully i may , with my life , power , and estate , the true reformed protestant religion , expressed in the doctrine of the church of england , against all popery and popish innovations within this realme contrary to the same doctrine , and according to the duty of my allegiance to his majesties royall person , honour , and estate ; as also the power and privileges of parliament , the lawfull rights and liberties of the subject , and every person that maketh this protestation in whatsoever he shall doe in the lawfull pursuance of the same . and to my power and as farre as lawfully i may i will oppose , and by all good waies and means indeavour to bring to condigne punishment all such as shall either by force , practice , plots , councels , and conspiracies , or otherwise doe any thing , to the contrary of any thing in this present protestation contained . and further that i shall in all just and honourable waies , indeavour to preserve the union and peace between the three kingdomes of england , scotland , and ireland . and neither for hope , fear , nor other respect shall relinquish this promise , vow , and protestation . in this perplexity of thoughts he consults with four bishops , &c. ] not sent for by himself , but sent to him by the houses of parliament to inform his conscience , and bring him to yeild unto the bill ; in the nomination of which bishops they consulted rather their own ends than the kings satisfaction . the persons sent on this employment were the primate of armagh , the bishops of lincoln , durham , and carlisle : of which , the two last being men unskilled in politick and secular affairs , depended wholly on the judgment of the other two ; and those ( as the houses knew well enough ) carried a sharp tooth towards the lord lieutenant upon former grudges . the displeasure which the primate had conceived against him , was for the abrogating of the articles of religion established in the church of ireland , and setling in their place the articles of the church of england , anno 1633. and this he reckoned on his score , because dr. bramall ( once chaplain to the lord lieutenant , and ) then bishop of derrie , had appeared most in it . but he on whose dextetiry they did most depend for this businesse , was the bishop of lincolne , of worse affections than the other , in regard that when the bishop was under the star-chamber suit , the lieutenant then lord deputie of ireland , put off his going thither for a term or two , of purpose ( as it was conceived ) to have a fling at him before he went. this struck so deep in the bishops stomack , that he would not think ●…imself in safety , where the earle had any thing to doe , and so was like to help him forwards to the other world . nor speak i this but on some good ground : for when the bishop , being then prisoner in the tower , had made means by the queen to be admitted to a reconciliation with his majesty , offering both his bishoprick and deanery of westminster , in confidence that the king would so provide for him , that he should not go much lesse than he was : the king upou the queens desire sent , the earle of dors●…t ( from whose mouth i have it ) to accept the b●…shops offer on the one side , and on the other side to promise him in his majesties name , the next good bishoprick that should fall in ireland : which proposition being made , the bishop absolutely refused to hearken to it , telling the e. of dorset , that he had made a shift , by the power and mediation of his friends , to hold out against his enemies here for 7 yeares together , but if they should send him into ireland , he should there fall into the hands of a man , who once in seven months would finde out some old statute or other to cut off his head . think you the king was not likely to be well informed in his conscience , when men so interessed were designed unto the managing , and preparing of it ? and so it proved in the event . for our author telleth us , that on the morrow after being munday , may the 10th , in the morning his majesty signed a commission to the earle of arundel , &c. for the passing of the two bills ; one for continuation of the parliament during the pleasure of the two houses : the other for the attainder against the earle of strafford . ] and these two bills he signed ( as i have been told ) with one pen full of inke , by one of which he wa●… sufficiently punished for his consenting to the other . by his consenting to the bill of attainder , he did not onely cut off his right hand with his left , as was affi●…med of valentinian the emperour when he caused aetius to be slain ; but found such a remorse of conscience still attending on him that it never left him till his death : a●…d by consenting to the other , he put such an irrevocable power into the hands of his enemies , as was m●…de use of afterwards not onely to his own destruction , but to the disherison of his children , and the undoing of all those who adhered unto him ; who drew him to the first , we are told by our author ; and who perswaded him to the last , may be now enqu●…red . some charge it on the queen , who being terrified with the tumults , perswade the king to yield unto it , as the onely expedient for appeasing the people : some attribute it to the lord say then master of the wards , and one of his majesties privie councell , who ( as it is reported ) when the king asked him if a continuance for seven years might not serve the turn ? made answer , that he hoped they should dispatch all businesses in so many moneths ; and that if his majestie passed the bill , it should be so farre from making the parliament perpetuall , that he was canfident they would desire to be dissolved before three years end . most lay the blame of it ( as of all things else ) on the marquesse of hamilton , who by cutting out so much work for the king in england , was sure to carry on his designes in scotland without interruption : and i have heard from credible persons that he did bragge much of this service when he was in that kingdome , 〈◊〉 frequently that he had got a perpetuall parliament for the english , and would procure the like for the scots too before he had done : so hard a thing it is to say by what private perswasions and secret practises he was drawn to that , which proved so prejudiciall to him , that it made h●…m presently grow lesse in the eyes of his people ; insomuch that a night before the passing of this act , a paper was set up near the gates of whitehall , importing that on the morrow next there was to be acted in the house of peers a famous tragie-comedie , called , [ a king and no king. ] but as for the publick outward motives , which were used to induce him to , and of the great power he had parted with by this condescension , you may hear himself thus speaking in his declaration of the 12th of august . upon information ( saith he ) that credit could not be obtained for so much money as was requifite for the relief of our army , and people in the northern parts for preventing the eminent danger the kingdome was in , and for supply of our present and urgent occasions , for fear the parliament might be dissolved before justice should be done upon delinquents , publick grievances be redressed , a firm peace between the two nations of england and scotland concluded , and before provision should be made for the repayment of such moneys as should be so raised ( though we know what power we parted from and trusted our houses with by so doing , and what might be the consequence of such a trust , if unfaithfully managed ) we neglected all such suspitions , which all men now see deserved not to be slighted , and we willingly and immediately passed that act for the continuance of this parliament , being resolved it should not be our fault , if all those particulars were not speedily provided for , which seemed then to be the grounds of their desire . may the 11. he wrote to the lords this letter , the bearer whereof was no meaner person then the prince of wales . ] in t●…letter ( which our author passeth ●…o sleightly over ) there are many things which gave great occasion of discourse to discerning men : 1. that the king having sped so ill by his last addresse unto the parliament on the first of may , should put himselfe upon the hazard of another repulse . 2. that he should send this letter ( of which he could not rationally expect a contenting answer ) by the hands of the prince , as if he would accustome him from his very childhood to the refusalls of his subjects . 3. that he should descend so much beneath himselfe , as to be a supplicant to his people , and yet be in such a diffi●…ence with them , as not to move his owne desires , but by the mediation of his peers . 4. that he should put himselfe to such a hopelesse trouble , as to write to them for the altering or anulling of a sentence passed but the day before , which they had gained with so much danger , and so many artifices ; or to desire the respit of two or three dayes , for the condemned gentleman , which was a power he had not parted with by the act of attainder . 5. that in the subscription of the letter he should give himselfe the name of their friend , as if by passing the act for the ●…ntinuance of the parliament , he had ●…de himselfe but as one of them , at the best their equall ; for amicitia est inter pares , true friendship is amongst equalls onely , as the saying is . 6. that he should give himselfe the title of unalterable , considering that he had publickly declared not long before , that neither feare nor favour should make him doe a thing so much against his conscience , as to act any thing in order to the condemnation of the earle of strafford , with reference to the matters which were charged upon him , and yet should signe the bill for his attainder within ten dayes after . and finally ( not to say any thing of the militia ) with the forts and navy wherein they had not his consent . but that which gave matter of most amazement , was , that he should subscribe at all , it being a thing so contrary to his owne custome , and the custome of his predecessors , who used to write their names on the heads of those missives , which were directed to their subjects : and then that when the letter was brought back to him without any effect , he ordered that it should be registred in the house of peers , on a wan hope that they would use to his honour . assuredly this under-writing of his name in his letter to this last parliamement , was of as bad presage to him , as the vailing of his crowne to the first ; and his desire to have it put upon the register , did serve as a momento to them , that they should keep him under , now they had him down . for having reduced him to this passe , how easily did they gaine from him severall acts for suppressing the authority of the clerk of the market , and the court of stannaries , for intrenching the preambulation of the forrests , and the repealing the old acts for knighthood ▪ with what a strong hand did they draw him to the abolishing of ship-money , the star-chamber , the high commission , the courts of the marquesse on the north , the jurisdiction of all the ecclesiasticall courts , some priviledges formerly enjoyed by the councell table ; besides the many concessions at the treaty in the isle of wight , which either should have been soon granted , or not at all . all of them certaine testimonies of his being brought under , and all of them incouraged by so strange a submission of himselfe to the power and courtesie of his people , as he caused to be registred in this letter . thus died this unhappy earle . and to dye thus by the stroak of justice , &c. ] the highest acts of justice are seldome without some obliquity , or injustice in them . for summum jus est summa injuria , as the saying is . but whether it were so in this case or not , whether he were not sent out of the world , per viam expedientiae , rather then per viam justitiae , as most wise men thought ; posterity free from all engagements of love or hatred , will be best able to determine . and so i leave him to his rest in the bed of peace , with this epitaph of clevelands making , to be fixt upon it , that is to say , here lies wise and valiant dust , hudled up 'twixt fit and ju●…t : strafford , who was hurryed hence 'twixt treason and convenience . he spent his time here in a mist ; a papist , yet a calvinist . his princes neerest joy , and griefe ; he had , yet wanted all reliefe . the prop and ruine of the state ; the peoples violent love , and hate . one in extreams lov'd and abhor'd , riddles lye here ; or in a word , here lieth blood , and let it lye , speechlesse still , and never cry . an alphabetical table . containing the uncouth and unusuall words which are found in our author ; those which are in a different character , being used by him in a differing sense from that which commonly they carry . a acquist accalladoes ablude avisoes affix adoption acclaime asperse alimprovist abstruse appliated adoequate anealed august anthemes acul●…ated acquiescing amphibious accostable aborted autopsie atocritie anniversary a●…nasitie anomabous apostrophe accriminated agnified aetiologie animadverted articulate agression antagonist adventitious alleviate adiaphorus b boorne c complicated cuergo ceremoniale conflagration celebrities culpabilitie condignitie coition canceleir concinnesse compensate cognascible conceded commensurate complacence combustion caresses concrete cal●…lled causalitie clientelary confraternitie concriminaries clancular consiguration congelable chirographie chachexie d delatory duall destination depredation despondence detrunk despensation decussation donative d●…sponding decore decocted deplumed desideration diaphonous dilapidation detrenching decretory disopsie delatorians e exasse erect enormitants exuberancie externe elemented exorated emerging ebullitians emposted evacuate equilebrated excogitate equiperate emrod ematin embryo epiphonoma effigies emergent emolument everteth excoriated erudition eradicated f fuligenous ferocient fortuitously foculent g germinated gust gestation grison h holocaust halcionian hectique hailemen horizontall hibernall hypothesis i impede ithacu incuriou●… inhumed iteration inauspicious innitiated intrinsique incuriasfitie individuation impetuously incendiary innitiation inventioned irritateth judications infortunium joco-seriously intersect inflame inaudable intend impunitie inorganicall impertinence insolation intense intemorate imperiositie inquietude incantations incompassible identitie interfered jurors impregned imminent l luminaries luxuriancie leve-se-quere luminans m molis magnetique metuculossitie morasse missivus metastrophe meamorphusis mode meliorate mercurialists mutulated mynatorie n nonsen●… neutralitie noxiousnesse narrators nave nude o obliqu●… ocular organicall omen operate otium occult odium offertory opine officiate onerous p postlimin●…ted puisnesse patrite procluded principalitie ponderous postlimineation pollicitation parole precarious piaculary protervity pare-royall portentous pondulous periclitations pact paramonts posthume presidianes preponderate parade protended paralious parashier philargicus p●…cognition pr●…cation pan angliam placable portentous pertrude penultimo palladium perpending preterition promove propensitio . r reverberation rependans remora recondito ritention r●…tualities reciprocated reductive respond ranciditie reparti renvoy relax relatives refulgent recomation repertory radiant rusticitio researched recidivatior recognitante resu●…ed ranciditie reduction . s single unite superinducted scintillation superfetation seminasities sterill synodites subsortitiously series stipulateth salubrius stimulated strictures statiurch salvas simulary synopsis susceptible salitary suburbicary superannuate sedulous symbale syteme supinely succentoriated stronded scheme sopited t. temporalities temerated temeritie terrene trepidation tendancie transfiguration transpretation tempestively treatment v valediction unanim veteran unite vigill virile vanum vacuitie venialitie unizon and so i end this table with the counsell of an old grammarian , who adviseth thus ; moribus antiquis , praesentibus utere verbis : that is to say , retaine old vertues , but for bear , new words , not fitted to the 〈◊〉 . the end. errata . page 4. line 7. dele two p. 5. l. 22. for coines r. laws p. 6. l. 6. for able r. old p. 9. l. 23. for no r. on p. 16. l. 12. for 〈◊〉 r. mola ibid l. 16. for university r. divinity . p. 21. l. 15. for animalon r. animatum p. 24. l. 21. for and r. but p. 33. l. 21. for house r. houses p. 41. l. 18. for his r. this p. 44. l. 30. for unreasonable r. reasonable p. 45. l. 21. r. resolutions p. 58. for faciente r. ●…vente p. 64. l. 15. for paper r. prayers p. 76. l. 22. for pressed r. suppressed p. 78. l. 28. for westmin●… r. winchester p. 95. l. 6. to no body but themselves , ad●… , in case they should be discontinued for the times to come p. 105 l. 14. for men●… r. mutare p. 106. l. 23. for that r. not . p. 140 l. 11. fo●… finding r. hiding ibid. l. 19. for 〈◊〉 r. offense p. 149. l. 10. for restrain r. ●…range p. 152. l. 11. for then r. therein p. 153. l. 26. for last r. cast p. 154. l. 2. for 1631. r. 16●…0 . p. 160. l. 15. for gadus r. gades p. 184. l. 26. for yet could this r. yet could not this p. 186. l. 30. for insalvation r. in●…tuation p. 190. l. 25. for asserting r. offering p. 204. l. 27. for enoch r. 〈◊〉 p. 208. l. 22. for judicious r. judiciary 〈◊〉 〈◊〉 for 〈◊〉 more p. 234. l. 8. for cars r. ●…ouse p. 238. l. 9. for committe●… r. admitted ibid. l. 16. for neither r. either p. 143. l. 6. r 〈◊〉 p. 247. l. 13. del . and finally ( not to say any thing of the militia , with the forts and navy , wherein they had not his consent , and adde the same to the end of the 12 line in the page next following . p. 248. l. 10. for intrenching r. retrench a table of the principal observations . a dr . abbot , archbishop of canterbury , his irregularity through killing a keeper casually , 55 his remissnesse in not exacting conformity to the churches orders , occasioned the term of inn●…vations , 〈◊〉 arminians ] what they are , 15 whether enemies of gods grace , 18 what caused k. james to be an adversary to them , 23 montacu's book , called [ appello caesarem ] licensed by king james his command , 33 call'd in again by king charles , 69 arminianism call'd a bridge to popery , 80 b bishops war ] falsly so called , 151 bishops & presbyters ] terms not of equivalent import , 183 their office ▪ calling defended to be by divine rght , even laymen , 185 mr. grimstons argument against it , retor●…ed by mr. selden , 188 whether they may be assistant in causes of blood and death ? for which cause they were excluded the house of 〈◊〉 at my lord of straffords triall , 224 earle of bristol , v. digby , duke of buckingham , v. viliers , dr. burgesse his answe●…ing the act at oxford , 182 c calvinianism , how it differs from s. augustine's doctrine , 110 king charles crown'd in white , an emblem of innocence ; his predecessors in purple , an emblem of majesty , 29 how he vail'd his c●…owne to his subjects , 30 , 48 his maxime , [ 't is better to be deceived , than to distrust , ] 105 his entertainment at bolsover castle cost 6000●… . 106 his neglecting those arts for keeping up of majesty , which qu : ●…lizah : practised , 109 the true cause of the miscarriage of his expedition against the scots , 157 his error in recalling his forces thence , 160 how the hollanders affronted him , and made him vaile his crown , 166 clergy-mens vices to be concealed , rather than published , 140 a minister as good as any jack-gentlemen in england well interpreted , 141 the clergy in convocation have a power to grant subsidies , not confirmed by the commons in parliament , 196 coronation , rites thereof no vain ceremonies , 37 d sir edw : decring his character , 177 digby , e. of bristoll , not impowred by proxie to celebrate the marriage with the infanta , 8 his impeachment by the d. of buckingham , 43 , 50 f fame no ground for an historian , 41 g gloria patri , standing up at it retained in our reformed church , ex vi catholicae consuctudinis , 87 h mr. hamilton's end in raising forces for germany , 101 his being sent commissioner into scotland , 142 his subtill practises against the king , 149 the scots speech of him , [ that the son of so good a mother would do them no hurt , ] 156 he the cause of dissolving the short parliament , 175 hate , naturale est odisse quem laeseris , 170 i k. james , whether the wisest king of the british nation , 13 his seeing a lion ( the king of beasts ) baited , presag'd his being baited by his subjects , 28 dr. juxon . bishop of lond. why made lord treasurer , 130 his moderation and humility in that officce , being neither ambitious before , nor proud after , 132 k knighthood , the statute for taking that order , 98 l dr . lamb his death , the city not fin'd for it , 66 lambeth articles , when made part of the confession of the church of ireland , 40 when , and why the articles of ireland were repeal'd , &c. or 39 articles substituted in their places , 127 the occasion of making them the lambeth articles , 72 of no authority in the ch : of england , 75 what mov'd k. james to send them to dort , 23 and put them into the irish confession , 77 dr. laud , archbishop of canterbury , whether a favourer of the popish faction , 171 ceremonies renued by him , tended rather to the ru ine , than advancement of the catholike cause , 173 he no cause of dissolving the short parl. 174 his being voted guilty of high treason , and committed to the bl. rod , 215 lyturgie-english , endeavoured by k. charles to be brought into scotland , 143 his error in not suppressing and punishing the tumults at edenburgh , when the scottish service was first read , 145 bish. of lincoln , v. williams . londoners petition for redressing of grievances , 200 m masques ; that of the four inns of court , how occasioned , 118 e. of montrose , the cause of his adhering to the covenanters , 206 n mr. noy , attorny general , his great parts , 121 integrity , 124 parliaments not co-ordinate to kings , but subordinate , 28 the members thereof have been imprisoned , 43 whether lords created sedente parliamento , may be admitted to vote , 48 house of commons called by writ only to consent & submit , not to judg , 58 whether the h. of commons could 〈◊〉 the h. of peers ( consisting of 118 ) thrice over , 59 bishops members of the h. of peeres , 60 their exclusion thence had this consequent , the abrogating of the kings negative voyce , 60 the king no member of the h. of peeres , but supreme head of all , 61 disorderly and tumultuous carriage of parliaments , cause of their change and discontinuance , 94 members presented not to be questioned without the house's order , 95 scotc●… parliament , how called anciently , 162 the kings calling a parliament after the expedition against the scots , unsafe & unseasonable , 167 that parliament which was the ruine of woolsey , and overthrow of abbeys , began the third of novem. the same day of the month began our long parliament , which ruin'd the archb : of canterbury , & the whole church , 207 no reason for holding the parliam . at westm. it had been better at york , 209 who perswaded the king to assent to the act for a perpetual parliament , 243 s. pauls church , the repairing thereof , 103 peoples darlings of short continuance , 35 popery , montacu and ●…osins not questioned for preaching popery , 81 placing the communion table altar-wise , had both law and practise for it , and therefore was no popery , 82 , 133 taking away part-boyled poperies , ( or english popish ceremonies ) an impairing the substance of religion , 90 the reason of so great an increase of papists in england , was the neglect of holy-dayes , and common-prayer , 92 prince his marriage , a branch of the royall prerogative , 12 puritans rejoyced not at the prince his birth , 97 protestation taken by the parliament , and injoyn'd the kingdome , 239 puritan party , how they were to be sweetned with the great offices of the kingdome , 226 religion ; house of commons set up a cō●…ittee , as a consistory of lay-elders , to take cognizance of causes ecclesiastical , 31 they sate in the divinityschooles at oxford parliament , 34 isle of rhee , errors in that enterprise , 52 s sabbath ; sports allowed on that day , the motives thereto , and restrictions therein , 112 divinity of the lords day sabbath , a new doctrine , 114 the p●…iesthoods o der and revenue under the gospel , not grounded thereon , 116 scots ; a certaine maintenance setled on the scots clergy , 107 scotch service-book , tumults at reading thereof , 145 the true occasion of raising up the seditious scots , 112 card. richelieu animated the scots to rebellion , 162 scots lost by favours , and gain'd by punishments , 169 they promis'd payment for their quarters at their first coming , but afterwards plunder'd all , 204 their cowardly carriag , 205 why freely help'd by the english to drive out the french , 223 sea ; the kings dominion in the narrow seas asserted by selden against grotius , 128 the king regain'd his dominion at sea , and secured our coast from piracies , through the benefit of ship-mony , 120 ship-mony , how and why kings have levied it as a navall aid , 121 how the writs issued our , 123 the whole charge thereof amounted to 236000 l. which was bu●… 20000 li. per mensem , 123 clergy not exempted therefrom , 124 socinianisme charg'd upon the members of the convocation , who made a canon against it , 195 spaniards old friends to the english , 9 they intended really to restore the palatinate to the prince elector , 11 earle of strafford , v. wentworth , synod , or convocation , rightly continued by the same writ that call'd them , 179 their danger in sitting after the parliament was up , 181 the oath , &c. how occasioned , 189 taken for upholding the church-government then established . 191 and that willingly , 193 the clergy's power therein to make canons binding without a parliament , 220 t communion-table , v. popery , bowing towards it a primitive custom , ( no popery ) revived by b. andrews , 85 its setting up within , the railes altar-wise , to prevent profanation , enjoyned by the kings authority , 133 bishop of lincoln's book against it , 136 v sir george villers duke of bu●…kingham , made the ball of fortune , 36 his impeachment by the birle of bristol , 43,50 by whom render'd odious to the people , 63 feltons motive to murder him , 64 his e●…tate at his death not comparable to cardinall richelieu's , 67 w sir th : vventw : 〈◊〉 . of straff ▪ not wise in coming to the parliament , 211 his triall , why defer'd so long , 226 why ●…ecretary vane was incensed again●…t him , 228 for want of legall evidence a bill of attainder brought in against him by legislative power , 230 the kings censure of him in the h. of lords , 233 the names of those commons that were for his acquitting , 236 the bishop of armagh and lincoln , with two bishops more , sent to resolve the kings conscience , 241 the kings letter to the lords in his behalf , 246 sent out of the world , per viam expedientiae , his epitaph , 240 dr. vvilliams b. of lincolne , an instrument to set the parliament against the duke of buckingham ▪ 36 when , and by whose means the great seale was taken from him , 39 whether he was eunuchu●… ab utero or no , 41 bishop andrew's opinion of him , 56 his book call'd holy table , &c. wrote against his science and conscience , 136 he was head first of the popish , then of the puritan party , 138 he was set free from the tower much about the time of the archbishops impeachment , 217 vvords ; new coyning of them an affectation , 4 y york , the kings second son , not born , but created duke thereof . 117 finis . notes, typically marginal, from the original text notes for div a43545-e690 fol. 1. fol. ●… . ●…ol . 3. ●…bid . fol. 4. ibid. fol. 5. fol. 6. ibid. fol. 7. fol. 9. fol. 11. ibid. f●…l . 12. ibid. fol. 15. fol. 17. fol. 20. ibid. fol. 21. fol. 29. fol. 45. ibid. ibid. fol. 64. fol. 69. fol. 71. fol. 73. fol. 75. ibid. fol. 78. fol. 88. fol. 89 ▪ fol. 91. fol. 94. ibid. fol. 96. ibid. ibid. ibid. ibid. ibid. fol. 101. fol. 102. fol. 108. fol. 110. fol. 112. ibid. fol. 124. fol. 125. fol. 126. fol. 126 ▪ fol. 127. ibid. fol. 128. fol. 129. ibid. ibid. ibid. ibid. fol. 130. fol. 131. ibid. ibid. fol. 132. ibid. fol. 136. fol. 137. ibid. ibid. fol. 138. ibid. fol. 147. ibid. fol. 150. ibid. fol. 158. fol. 159. ibid. ibid. fol. 161. fol. 163. fol. 165 fol. 167. fol. 168. ibid. fol. 182. ibid. fol. 184. ibid. ibid. ibid. ibid. ibid. ibid. ibid. fol. 1●… . ibid. ibid. fol. 189. fol. 194. fol. 195 fol. 196. ibid. fol. 199. fol. 202. fol. 200. fol. 205. ibid. fol. 210. fol. 219. ibid. fol 246. fol. 152. ●…ol . 253. fol. 256. ibid. fol. 257. fol. 158. fol. 160. fol. 165. extraneus vapulans: or the observator rescued from the violent but vaine assaults of hamon l'estrange, esq. and the back-blows of dr. bernard, an irish-deane. by a well willer to the author of the observations on the history of the reign of king charles. heylyn, peter, 1600-1662. 1656 approx. 469 kb of xml-encoded text transcribed from 180 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a86287 wing h1708 thomason e1641_1 estc r202420 99862711 99862711 114885 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a86287) transcribed from: (early english books online ; image set 114885) images scanned from microfilm: (thomason tracts ; 206:e1641[1]) extraneus vapulans: or the observator rescued from the violent but vaine assaults of hamon l'estrange, esq. and the back-blows of dr. bernard, an irish-deane. by a well willer to the author of the observations on the history of the reign of king charles. heylyn, peter, 1600-1662. [16], 72, 81-351, [1] p. printed by j.g. for richard lowndes at the white lyon, neere the little north-door of st. paul's church., london, : 1656. "to the reader" signed: p. heylyn. the author of the observations = peter heylyn. a reply to "the observator observ'd" by hamon l'estrange and "the life & death of the most reverend and learned father of our church dr. james usher" by nicholas bernard. the first leaf is blank. annotation on thomason copy: "16. june.". reproduction of the original in the british library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng bernard, nicholas, d. 1661. -life & death of the most reverend and learned father of our church dr. james usher -early works to 1800. l'estrange, hamon, 1605-1660. -observator observ'd -early works to 1800. church of england -clergy -early works to 1800. clergy -appointment, call, and election -early works to 1800. 2007-02 tcp assigned for keying and markup 2007-02 aptara keyed and coded from proquest page images 2008-07 john latta sampled and proofread 2008-07 john latta text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion extraneus vapulans : or the observator rescued from the violent but vaine assaults of hamon l'estrange , esq . and the back-blows of dr. bernard , an irish-deane . by a well-willer to the author of the observations on the history of the reign of king charles . amicus socrates , amicus piato , magis amica veritas . london , printed by j. g. for richard lowndes at the white lyon , neere the little north-door of st. paul's church . 1656. to the reader . good reader , i am to give thee notice , that in one week of the last term , i was plundered twice , first of my name , and secondly of my good name . first , plundered of my name by one william leak a book-seller , who publishing a discourse of mine , under the title of france painted to the life , ( but publishing it by a false & imperfect copy ) hath father'd it in the stationers hall on one richard bignall , a fellow to me utterly unknown . next , plundered of my good name by mr. hamon l' estrange , the authour of the history of the reign of king charles , who taking me to be the author of the observations on his history , not long since published , hath loaded me , both in my owne person , and in that of the observator , to whom i am made the alter idem , or the same man with him , with many foule , unworthy , and opprobrious names , not more unfit for me to take , than for him to give . reproached in my own person by the name of a theologaster , called in the way of scorn a doctor in cosmography , impeached for impudent forging and falsifying records , accused for loving the world , none like me , with many things of like odious nature ; which with the like titles of honour , conferred upon me in the person of the observator ( too many and too long to be here repeated ) thou shalt find briefly summed together in c. 2. and p. 40 , 41. of this present book . i must confesse i was somewhat the more amazed at this strange proceeding , because i had not been of late accustomed to such billingsgate language . there was indeed a time when my name was in almost every libell , which exercised the patience of the state for seven years together ; & yet i dare confidently say , that all of them together did not vomit so much filth upon me , as hath proceeded from the mouth of the pamphleteers , whom i have in hand . but then i must confesse withall , that i had been much more amazed at this strange alarme , had i not been prepared before-hand to receive the charge . for being informed , that the historian looked upon me as the author of the observations , that he was hammering out an answer , and that he would not handle me with over●much tendernesse , when once he had me on the anvill ; i used some means , to get into my hands , the printed , but unpublished sheets of his first edition , whereof thou shalt heare more in its proper place . i found there , that the gentleman had a personall malice , an old grudge against me , and was resolved to make his , history doe the drudgery of his owne despight ; though in the preface to the reader , he professe ▪ the contrary . i found my selfe there called , the bold champion of the prelates , a dr. in cosmography , a theologaster , accused of ignorance , and virulence in a book bungled up ( for so he words it ) against the bishop of lincoln , on whom i am after said to fawne , and to cringe to him , no man more , &c. evident arguments , that his quarrell is not with the observator , but with dr. heylyn ; though i was still to seek ( not without some trouble ) quid vel in vita , vel in gratia , vel in hac mea mediocritate despicere posset , what there might be in one of my meane parts , and meaner fortunes , that might provoke the mightiness of his indignation . not being oedypus enough for so dark a sphinx , he sends me in good time , his pamphlet , called , the observator observed ; which when i had perused , i perceived the grounds of his displeasures , and needed not that any body should tell me , where the shoo did wring him . for finding him to be stiffly principled in the puritane tenets , a semi presbyterian at the least , in the forme of gouernment , a non con●ormist in matter of ceremony , & a rigid sabbatarian in the point of doctrine , as ill a looking a fellow as he makes me , i could easily see , that my known contrariety in opinion , had raised this storme : it being the humour of too many of the stoicall sect , neither to treat their opposites , with that civility which belongs to them , as men , nor with that charity and meeknesse which becomes them as christians . parcius andromachen vexavit achaia victrix , in the poets language . our historian was not so uncivilly dealt with by the observator , and he seemes much displeased at it ; the intemperancy of his own pen , being thereby made the more apparent , & the less excusable . if the observator tell him , that he hath his parts and person in an high esteem , he is wished to spare that cost of complement , his bits being as little cared for , as his knocks . if he give him the commendation ( as he doth ) of a good historian , when he proceeds upon the grounds of true intelligence , then — out upon this observator , shall be all his thanks . if he direct his lines to him , with the tile of worthily esteemed , it shall be sent back againe , as not worth the keeping . what should a poore man doe to get a good word from him , if this will not do it ? thou maist perhaps expect , good reader , that after so many neglects & provocations , i should cause him to be paid in the same coyn which i have received ; and if i should , i have a good example for it , from these words of cicero , non tractabo illum ut consulem , nec ille quidem me ut consularem ; but i have so much power on the hand which writes this tractate , as to hold it back from any unbecoming language , considering rather what is fit for me to give way unto , than what he deserves . and besides , our author may pretend unto some especial privilege , of which both the observator & his alter idem , may be thought uncapable ; there being some creatures mentioned by laertius , in the life of socrates , which are not to be kick'd again , kick they never so often . indignation may sometimes transport him beyond his naturall disposition , but never hurry him beyond the bounds of wit or manners , which both the observator and my self are affirmed to want , and therefore sent to schoole to learn them . lastly , i am to let thee know , that though our author doth pretend to have written animadversions on the observations , yet he hath done it but in part , more than half of the observations being left untouch'd . and as for those which he hath pleased to touch upon , they are but touch'd , not cured of any of the evils , of which he hath rendered them suspected . the whole body of the observations , and every branch and clause thereof ( not above one or two excepted ) remaining in the ●ame condition in which he found them , as the discourse ensuing , will sufficiently evidence . and as for the discourse ensuing , that it may look more like to a methodicall , and well-composed discourse , i have not bound my self to the tract and method of the pamphlet , but digested all the scattered limbes thereof under severall heads , to the end thou maist peruse them with the more content and satisfaction . yet so , that there is not any one paragraph , or any one part or member of it , which in some place or other , of this following tractate , is not fully answered . our author shall finde no cause of complaint , as to that particular ; nor any just reason to give out , that any thing which hath passed his pen ( be it great or little ) hath not been fully taken into consideration . in that respect more justly and exactly dealt with , than is accustomed in these cases , or that he hath reason to expect by the unquestionable prescript of his own example . the points in difference by this meanes will be brought more punctually and succinctly under thy perusall . judge thou according to the truth , and god blesse thee in it : so wisheth he , who would not with the losse of truth buy the greatest victory ; p. heylyn . lacies court in abingdon , june 7. 1656 peter heylyn dr. in divinity , to hamon l'estrange , esq . sir , on saturday may 17. i received a pamphlet from you , called the observator observed , inclosed in a paper superscribed with your own hand , to the worthily esteemed the observator , peter heylyn no title added of degree , profession , or any other mark of discrimination , no , not so much as d. in cosmography , which out of your abundant bounty you have elsewhere given me , and that twice for failing . the strangenesse of the present , and the more than ordinary disrespect in the superscription , put me upon a sudden perusall of it ; which having done ( and indeed before it was half done ) i was both sorry and ashamed , to see so much of the coat , and so little of the gentleman in it ▪ intituling me unto the observations in your superscripti●n , and 〈…〉 from it in your pamphlet ▪ ( where you call it a groundless suspition , by me professedly disavowed ) fol. 25. you make your self an adversary of you know not whom , & then proceed in handling him you care not how . but let them pass for mine this once , because the generall drift of your discourse , will have it so ; and the designe will fall to ground , of raising trophees to your self , on the promised victory , without this concession . but then it seemes , you take me for a man of so dead a courage , that nothing but the sense of smart can quicken me to accept your challenge ; and therefore lay upon me the worst kinde of blowes , even reproachfull words , as scurrilous and unbecoming , as scorn & envy can suggest , or impatience utter . nor stay you here . the challenge of your superscription , being sent in private , no body being able to testifie the delivery of it , might have been pocketed up in silence , without any engagement on my part , or satisfaction on yours . you have therefore added to the first a more publick and more bold defiance , to provoke an answer . proclaiming in the pamphlet , fol. 25. how scarce credible it seemed unto you , that this doctor of all men durst be so bold , as to meddle with you : that is to say , so bold as to finde fault with any thing , which had passed your pen , or to presume to rectifie the story in such particulars , wherein either your intelligence or diligence failed you . i was not wont to sit down tamely under such , and so many provocations ; nor find i any thing to affright me , from taking up the bucklers against such an enemy , whose tongue hath pro●ed his sharpest weapon . yet were it otherwise , i durst have said with cicero in another case , catilinae gladios contempsi , non pertimescam tuos ; i have not feared the swords of more dangerous enemies , and therfore shall not now shrink back at the sight of yours ; nor needed you to have given me so much gall and vinegar , to quicken me to an encounter ; had you conceived i might have gotten any thing from such an adversary , whom nothing but a few hard words , could render formidable . and therefore if i have withdrawne my self from the present action , put out the worke to some bold champion , as you know who phrased it , and left the quarrel to be managed by a quicker hand ; i would not have it charged upon me , as a tergiversation , a turning back ( as those of ephraim did of old ) in the day of battaile . there are so many interessed in your bold defiances , that i could neither want hands to fight this combat , nor you be disappointed of the satisfaction which you chiefly aime at . onely , i feare , you will be somewhat disapointed of your expectation , and not of your own onely , but of that which you have raised in others , by promising a rejoynder , added at the latter ●nd of your volume ; and that , both in the title of your history , and the pamphlet too . great men love nothing more than to be attended , and are commonly better knowne by their train of followers , than by any other outward bravery . but in this you have made your self too large a promise , and presume more upon your greatness , than you have just ground for . the rejoynder , whosoever writes it , will not march in the reare of your ragged regiment , or fill up the list of your attendants , or be dragged after your triumphant chariot , like a conquered captive , and much lesse serve as an apocrypha , to your pure canonical . we poor cavies have all somwhat in us of the independent , and love to stand and go alone , without such weak crutches , as either the countenance of your name , or the fag end of your reply , can afford unto us . i hope you will not find here any such reproachfull language , as you stand justly charged withall ; not onely in the whole course of your pamphlet , but in much of the history it selfe , as it was first printed , and intended for the publique view a good cause need not be so managed , though by interdicting all civil addresses to you by the name of complement , there be lesse cost bestowed in holy-water , than may possibly stand with your contentment . i deny not , but that the writer hereof may now and then incur the guilt of some luxuriances ( you shall call them follies , if you please ) and sport himself with greater liberty , than the gravity of a severe judgement can dispense withall . but i desire , you would impute it , rather to an honest zeal unto his friend , than to a purpose of detracting any thing from you , when either the solidity of your discourse , or the weight of your arguments , might have required a more solid manner of proceedings , than such serious vanities . how my adventurer will come off , must neither be left to your opinion nor to mine , both of us being too much interressed to determine in it . the reader is made judge between us , and to him i leave it . only i shall crave leave to say in the poets words ( and i hope it may be said without any of the selfe-deceivings of love or flattery ) haec mala sunt , sed tu non meliora facis . lacies court in abingdon , june 7 , 1656. extraneus vapulans , or , the observator rescued from the vain ( but violent ) assaults of hammond l' estrange . chapt . i. the laws of historie , verified by josephus , but neglected by our historian . his resolution to content himself with saving truths ; the contrary resolution of the observator . the observator charged unjustly for writing against king charles , and enveighing against king james . king charles affirms not any where that he did well in excluding the bishops from the parliament . the observator justified in the second passage which concerns that king. our authors intended bitterness against the generall government of king. charles . the observator is no inveigher against king james . our authors smart & un●ustifiable censure of king james . the queen abused by our author for bishop lands indulgence towards the catholick party . his advocating for the fame against the countess of buckingham ; his uningenuous censure of the duke of buckingham , the lord deputy wentworth , the earl of portland , mr. noye , and the courtiers generally , not sparing mr. prynne and the presbyterians ; then censureth scandalously and uncharitably of the clergy , and prelates in the generall , and in particular , the court-clergy , and the late arch-bishop . the bishops neile , juxton , williams , mountague , manwaring , and wren , &c. the faint amends made by him unto two of that number ; his mischievous intent in an unnecessary advocating for bishop potter . there were two cautions given anciently to those who undertook the composing of histories , that is to say , ne quid fals● audeant , ne quid veri non audeant ; that they should neither dare to write any thing which was false , nor fear to write any thing which was true . to these josephus addes a third , touching the beautifying of the style , and from him take them all together in these following words . nam qui historiam et rerum propter antiquitatem obscurarum expositionem , &c. for they ( saith hee ) that make profession to write histories , and to recite such things as are observed by antiquity , ought not only studiously to conform their style , but also to beautifie the same with ornaments of eloquence ; to the intent the reader may converse in their writings with the more delectation . but above all things they must have an especiall care , so exactly to set down the truth , that they who know not how these things came to pass , may be the more duly and fitly informed and all this , to the end , as before he telleth us , that we neither omit any thing through ignorance , nor bury ought in forgetfulnesse . and certainly , if history be the great instructor of succeeding times , the concealing of necessary truths , will as much conduce to the misunderstanding , or not knowing the true state of things , as any unnecessary falshoods ( and i conceive no falshood can be counted necessary ) are presumed to do . but our author was not of this mind when he writ his history , and therefore came resolved , as his preface telleth us , to content himself with saving truths ; the first historian , i dare confidently say it , which ever published a profession so contrary to the nature and rules of historie . for he that is resolved to write nothing but saving truths , must of necessity conceal much truth , which he ought to write , and consequently subduct from the eye of the reader , the greatest part of those instructions , which the true representing of affairs would afford unto him . and therfore it was well said by mr. fuller in his church-history newly published , that though it be dangerous to follow a truth too neer the the heels , yet better it is that the teeth of an historian be struck out of his head for writhe truth , than that they remain still , and rot in his jaws by feeding too much on the sweet-meats of flattery . lib. 9. fol. 232. the observator ( as it seemeth ) was resolved thus also , professing , that as he undertook that business , with a mind free from love or hatred , or any of those other affections , which pre-engagements in a party do possess men with , so he would carry it all along with such impartiality and considence , as might witness for him that he preferred truth before interess : without respect to fear , self-ends , or any particular relation of what sort soever . but my author , though he will not be thought to love the world so well , as the observator is said by him to do , yet knoweth he much better how to save his stake , than twenty such observators , and church-historians ; and therefore is not only content to enjoy himself in writing nothing but saving truths , but falls upon the observator , for writing truths which are not saving . how so ? marry saith he , the title of his pamphlet , might rather have been formed into the observations against king charles , than observations upon his history . fol. first . what , all or altogether against king charles ? i presume no● so , for fol. the fourth , he telleth us of the observator , that he falleth foul upon king james , inveighing against , and withall detracting from his king-craft , and for that sends him to squire sanderson to learn wit and manners . squire sanderson ; with scorn and contempt enough . squire sanderson , for ought i know , may be as good a gentleman as squire l ' estrange , there being at this time one lord , and some knights of that family , which is as much as the historian , or any of his fathers house can pretend unto . now to the matter of the charge , he telleth us , that the observations are not so much upon his narrative , as against king charles , and yet takes notice only of two passages , which seem to him , to be upon or against that king. had there been more , my auth or was the more to blame to keep the observators counsell , and conceal the crime , rendring himself thereby an accessary to the fact , and at least parcel-guilty of it , if not as guilty altogether as the observator . the first of these two passages is , that the bishops had sate longer ( in the house of peers , ) in their predecessors , than any of the lay nobility in their noblest ancestors , having as much right of voting there , as either the prerogative royall , or the laws could give them ; and therfore , it was ill done of our author to exclude them then , and not well done ( by him that should have kept them in ) to exclude them afterwards . for this the observator is called canis palatinus , a court-cur at the least , a fellow unconcerned in the business , and therefore not to snarl at the kings heels now his back is turned . and why all this ? fol. 19. marry because the king hath told us , that he did it out of a firm perswasion of their contentedness to suffer a present diminution in their hights , and honour , for his sake . our author herexsupon undertakes for the contentedness of almost all ( not for all ) the bishops in suffering that diminution for their soveraigns sake . but what makes this unto the purpose ? doth the king say he did well in it , or doth he not rather say elsewhere , ( in his declaration , as i take it , of the 12 of august ) that he gave way unto the bill for excluding the bishops from sitting in the house of peers , in hope by that means to preserve their station in the house of god. two evils being laid before him , he made choise of that which seemed the least , and yet affirms not any where ( for ought i can find ) that he did well in choosing either . so as the king not saying that he did well in it , nor my author proving that he did , my author hath no reason to deal thus with the observator , but that some men have so much in them of the curre , that they will be alwaies barking though they cannot bite . the other passage charged upon the observator , is taxing the king and the lords of the scotish councell for oversights , great oversights , in not punishing the principal authors of the tumuls of edenburgh , my author thereupon infers with disdain and scorn , how gallantly all things will he ordered , when the observator comes to be of a 〈◊〉 of state , fol. 30. but sir , the observator did not only say it , but he proved it too , and it had shewn more judgement in you to confute his reasons , than to fall foul upon his person . errors in conduct of affairs , and effects in councell are not unprofitably noted by the best historians , and that too in the greatest princes . their successors might be else to seek in the knowledge of some things of weight and consequence , and such as most nearly do concern their own preservation . he that soweth pillows under the elbows of great princes , when they are alive , shall be termed a flatterer ; and he that flatters them being dead , to the prejudice and wrong of their posterity , deserves not to pass for an historian . that wit is alwaies better cheap , which is purchased with the price of another mans errors , than with the feeling of our own . and here i might have left king charles , would my author let me , who though he tell us in his preface , that the very failings of kings have been in former times accompted , like their persons , so sacred , that to touch them , though never so tenderly , hath been esteemed petty treason ; yet at the present he makes bold to touch him , and to tax him too . for in those printed sheets of his , which were not thought fit to goe abroad with the rest of the book , he telleth us , that he never reflected upon his late majesty , otherwise than upon a man that was within the incidence of fra●lty ; that he miscarried in his regal ministration , by departing to arbitrary power ; that he and his father failed extremely , in congesting and heaping honours upon so incredible a croud , yet not more ill advised in the number than the choice of the men ; that mo●● was the main , if not the only turn-key to promotion , and honours as vendible at court , as coals at newcastle ; that though kings might by their prerogative make as well leathern lords , as leathern mony , yet make such noble men they could no more , than transubstantiate leather into gold . his aiding the rochellers is taxed by him as not sufficiently warranted , either by their communication with us , in divine principles ( as he words it ) that is to say in being of the same belief or perswasion with us , or by the french kings breaking his faith with them in the demolishing of fort lewis , according to the conditions granted at this kings instance , & mediation , adding withall , that he could have no christian license to draw his sword for those , who in his own opinion wanted it for themselves ; that as there was little christianity in it , in regard of the premises , so there was lesse policy in it , with reference to monarchical interess : and finally , that standing thus a supin● and negligent spectator in the defection of the subjects of other princes , but much more by abetting and siding with them , he could expect nothing , but a total desertion of all his friends , when he most should need them . he renders him inexcusably guilty , in advancing such as had been censured in open parliament , which act ( saith he ) could in a literal construction mind nothing else , but the defiance of his people ; as also in his effuse & liberal indulgence to recusants , not only convicted , but condemned remitting to them the penalties of their offences , notwithstanding the epidemical and general out-cries against them . his majesties declaration about lawfull sports upon the sunday , he calls a sacrilegious robbing of god , a maculating of ●is own honour , a profane edict . and finally ●he telleth us of him , that he was wondrous slow , no man living more , to believe amisse of those he trusted , which confidence not only followed , but led him to the fatal block ; that no king ( setting solomon aside ) was ever able to give better , or ever followed worse advice ; & that being swayed by supine and implicit faith , in the either wisdom or integrity of those who seemed to advise him , he was precipitated upon designs which could promise nothing but confusion , there being nothing more easie than to impose upon the incuriosity of the kings faith. all this & more than this in the printed , but not publish'd sheets of my authors history , a history as 't was intended not so much of , as agaitxsst that king , the grand concernment of his annals , as the preface cals him ; which renders him a most unfit censurer of that innocent and modest freedom , which is taken by the observator , whose observations are entituled , oblique descants , not only upon his narrative , but against king charles . but it is usual with most men , omnia sibi remittere , nihil aliis , to condemn that in others which they allow in themselves ; not verified so much in any , as my present author . next for king james , he telleth us 〈◊〉 the observator , that he falls foul on him inveighing against , and withall detracting from his king-craft . this is a general charge , and answereth not to any of those particulars , in which tha● king is thought to have failed in the act● of government ; and therefore without more adoe may be remitted by the observator to the former passage , in which he cleareth himself from the like charge or crimination about king charles . besides , our author cannot chuse but know , who tells us , that the noble verulam hath not violated those laws of history which he gave to all the world , by signifying , tha● one of the wisest of our english kings had his empson , and dudly , and treated the ear● of oxford most disagreeably . it seems by this , that even our wisest kings , may fail sometimes in the arts of king-craft ; and that those failers may be also signified as documents to succeeding times , without violating the laws of history , or being sent to school to learn wit and manners , there being no reason in the world why that should be allowed of in the noble verulam , which is so sharply taxed , so severely censured in the observator . assuredly a man would think that our historian was a professed champion for defence of the honour of the two last kings , whereas indeed the gentleman is only troubled , that any man should usurp upon his prerogative of taking the two kings to task , or noting any thing ●misse in their several governments . qui ●alterum incusat probri , seipsum intueri opor●et , is a good old rule , learnt by our author in his grammar , but forgotten now , he had not else enveighed so much against king james , and detracted also from his king-craft , as he after doth , and then accuse the observator of the self-same crimes : for hath he not told us in his history , as it is now extant ? that in religious exercises , where the extern demeanor is a grand part of that sacred homage , he was somewhat too incurious and irreverent ; that he was too indnlgent to his palate , and had a smack of the epicure in him ; that being over-studious in pursute of peace , he incurred the note of pusillanimitie , which made the thought of warr be so terrible to him , that he was cajolled , and kept in delusory chat with specious fallacies by the austrian faction , whilst his children were exterminated from their lawfull patrimony ; that in the severall negotiations of carlile , belfast , bristoll and weston , he spent so vast summes , that the moiety thereof disposed in military levies , would have totally dissipated all the forces of those usurpers , and re-estated the palsgrave ; that there could be no stronger evidence of defect of courage , than his tedious courting the alliance of spain , whom his predecessors had so often baffled . and finally , that by his faint-heartedness on the one side , and his undue levies on the other , he grew into such disaffection and contempt with his people , that though those dismal calamities which befell his sonne , were ampliated by a superfetation of causes , yet was their first and main existence , derivative from the grounds which were layed by the father . thus also hath he told us , in his printed , but not publisht sheets , that never any treaty was by a wise prince so bungled up ( the treaty with spain it is he meaneth ) upon concessions so imprudent , so inconsistent with the welfare of his dominions , by making such an ample resignation of the protestant interess ; and that his excessive indulgence in pursute of those articles mightily exasperated , nothing more , the acute distempers , and irritated the bilious animosities of his people against him . what hath been said of him , touching his liberal and promiscuous bestowing of honors , we have seen before ; take this now for the close of all , that by his luxury and dissolute pastimes , which were the only delights of his times , he wasted and decocted the publick treasury ; and by his most extravagant largesses to his minions , he entailed a perpetuity of indigence upon his posterity , squandring his wealth , till he had given away even liberalitie herself , &c. what call you this my most dear historian ? is not this an inveighing against king james , and a detracting from his king-craft ? greater i think , but i am sure with less excuse , than any thing which you have found in the observator . your hand then , gentle sir , for the observator , and get you gone together to squire sanderson to learn wit and manners , or let him rather stay at home , as not worth the teaching . vel neutrum flammis ure , vel ure duos , as you know who said . follow this game a little further , now we are on the ●ents , and we shall find no sex , no order or degree of men , no persons of eminent imployment in church or state , who are not brought under the censorious lash of our authors pen. and first the queen , notwithstanding all the miseries which have fallen upon her , must be made the more miserable in bearing the blame of that indulgence , which the late arch-bishop shewed to them of the romish faction . the observator gives two reasons why that arch-bishop might afford some favours to the catholick par●y , the one grounded upon point of state , the other on prudentiall considerations . but our author not content with these , he subjoyns a third , and that which he conceives to be the very true cause thereof , fol. 33. and so conceives not upon dubious reports , as formerly , but upon certain information ; that is to say , that it was done to please the queen . assuredly , if it had been so , the arch-bishop was not of such weak parts , and so ill a keeper of his own counsel , as to make any such preclaration of his reason for it ; that being a readier way to displease than to please the queen , who although she were willing that all offices of grace and favour should be extended to that party , yet was not willing , that the burden of it should be laid upon her shoulders . and besides this our author cannot choose but know , that at such time as the archbishop made his complaint unto the king , at the counsell table , against mr. walter mountague , and sir toby matthews , the queen was almost at the highest of her power and greatness , and therefore had the arch-bishop favoured the romish factions on a'desire to please the queen , when her power was only in the increase , he would not have hazarded her displeasure when it was at the full . this therefore only serves to accuse the queen , not to justifie him , or otherwise might have been spared at this time , when there was no necessity or occasion for it , but that our author had a mind to fly at the whole covy , as he knows who saith ; and therefore having made so bold with the king , as we saw before , he thinks it fit the queen , like a loving wife , should bear him company . but being so great a person as the queen must not go alone , without some ladies to attend her ; the countesse of buckingham comes in next , of whom our author told us in the first edition of his history , that ( if fame belied her not ) she loved the bishop of lincoln better than was fit . reproved for this impudence by the observator , he hath left that passage out of his new impression : but fearing lest the lady might come off with too much honour , he pleadeth very strongly for the fame , which , though not always an infallible informer , some rumours being begot by malice , and nursed up by credulity , yet true it is , ( saith he ) that she is sometimes a publike testimony , and the wise tacitus doth many times present her in the like concernments , fol. 9. and this ( i take it ) is not a righting of the wronged lady , but an authorizing rather of the scandal which was laid upon her . nor will he have her innocence as to that particular to be grounded on her own vertue , but the bishops impotency : not that the bishop was ●unuchus ab utero , as was ridiculously affirmed by brother wilson , who went too far in that , as my author telleth us ; but that he was made impotent when he was a boy , by falling on a stake , as it after followeth . of this the observator is not pleased to inquire any farther , nor is there reason why he should ; only i can assure our author , that welden ( another of the same tribe ) was perswaded otherwise , as is apparent in the pamphlet called the court of king james , page 130. which i had rather you should look for in the author , than expect from me . on from the mother to the son , from the countesse to the duke of buckingham , accused of luxury and witchcraft ; of witchcraft first , telling us in the unpublished and suppressed papers , that by the diabolical practises and fascinations of dr. lamb , he won and preserved the high esteem he possest in the affections of both his soveraigns : and next of luxury , affirming that he was a great sensuallist , giving his appetite free scope , and taking the greater pleasure in repletion , because it was subservient to the pleasure of evacuation in venereal excursions ( a little rosewater , some good body for my authors mouth ) to which excessivly addicted , being in that as in all other points a perfect courtier . he telleth us of the lord deputy went●worth , that he rather frighted than perswaded the convocation in ireland to re●eal , ( much against their wills ) the sy●teme or body of articles formed by that church , anno 1615 and in their place ●o substitute the 39 articles of the church of england , and that upon no o●her design than to advance the arminian tenets , and to cry down the honour of the lords day , though uniformity of liberty was pretended openly . of the earl of portland it is said , that being at first of a slender fortune , it was thought he did not reflect with so much intention of spirit upon the kings profit , as the advancing of his own estate ; of mr. noye the famous atturney general ( besides those uningenious passages of him which are still left standing ) he telleth us also , that he became so servilely addicted to the prerogative , as by ferretting old penal statutes , and devising new exactions , he became for the small time he enjoyed that power , the most pestilent vexation to the subjects that this latter age produced . finally he assureth us of all courtiers generally , that they are to be cleared from all imputation of pretio , as being incompatible with court-qualifications , the most part of which tribe resigning themselves to debauchery , and dissolutenesse , abandon religion as too rigid and supercillious a comptroler over them . nay mr. prynne himself cannot scape the hands of our historian , of whom though he borrow the whole story of the discovery made by andreas ab haberfeild ( which make up three whole sheets of his history ) yet he disdains to be beholding to his author for it , whom he esteems of little credit , saying expresly , that he inserts it , not on the accompt of mr. prynnes faith , who first made it extant , but because he was further assured of the truth of it by a more credible person , and one of principal relation to to sir william boswell : and that mr. prynne may have some company of his own to go along with him , he telleth us of the presbyterians , that by their demure formality , and supple mildnesse , they prevailed dayly on the affections of such , who little thought such out side lambs had claws and asperities ( so cunningly did they conceal them ) far more sharp and terrible than the prelates had , whereof they gave some years after sensible demonstration . our author cares not much who knoweth it , tros , tyriusque mihi nullo discrimine habentur , that all men are alike to him when they come before him . a man would think our author were that john kinsaider mentioned in the comedy , called the return from parnassus , who lifted up his leg , and pissed against all the world , as it is there said , the vice in an old english play , or some turkish santo , whose port and privilege it is to snap at every one he meets , and yet no hurt done : but he is neither of all these , no such matter verily . our author ( he doth not care who knows it ) is a gent. every inch of him , except his tongue ; a man at armes , or lineally descended from the house of knocking , so furiously doth he deal his blows on all sides of him , that without any trouble to the herald , one may find his pedigree ; but for a further proof hereof , we will see how he layeth about him when he comes to the clergy , of whom in general he assures us in the unpublished pages before mentioned , that there is nothing so sordidly base , which will not find partisans amongst the professors of sacred orders , whose portly pride , portly ambition , or indiscretion at the best , all so mainly conduced to englands miseries , and their own ruine . the like of the prelates , that they were many of them notoriously wicked blasphemers of gods sacred name , addicted to drunkennesse , lasciviousness , & such enormities ; some of them also guilty of a turgid swelling pride , and intollerable insolencie , all of them charged with obtruding extravagancies , and erecting an arbitrarinesse in holy things , as others did in civil , whose actions and proceedings he calls afterwards prelatical whimzies , the fictions and chimeraes of their giddy brains . of the court-clergy more particularly he assures us this , that they were deeply tinctured and stained with the massilion and arminian errours , and withall vehemently inclined to superstition . but most particularly he telleth us of the late arch-bishop of canterbury , that he was of a pragmatical and factious spirit , a bold as●●rtor of some dangerous and superstitious tenets , that being by the kings extraordinary goodne●se promoved to that dignity , he thought he was now plenipotentiary enough , and in full capacity to domineer as he listed , and to let his professed enemies feel the dint of his spirit , that impetuously pursuing his over vast , and vain desires of rearing a specious throne , agreeable to his projected models , he put both church and state into combustion , he being the man who most eminently moved the king to obtrude upon the scots that unsavoury liturgy , and to order the dissolution of the parliament on the fifth of may ; finally , that he was too undiscreet , too full of fire , and too pragmatical for so great trust , whose acting in things exorbitant , and out of the sphear of his both cognisance & calling , ruin'd all . the most reverend arch-bishop neile , he calleth most disgracefully an empty tub , and fathers that phrase upon king james , who being a very able discerner of men , had questionlesse never raised him to so many bishopricks ( rochester , leichfield , lincoln , durham ) if he had not found in him some especial merit . thus gives he unto bishop williams , the title of an insolent and ungratefull person . to mountague and manwaring bishops both , the scornefull appellation of unworthy wretches . doctor fuxon the lord bishop of london , censured for none of the best scholars , though he might passe in a throng for one of the worst bishops ; and bishop wren condemned of turgid , swelling pride , and intollerable insolency , in which he carried away the garland from all the rest , a simple man , and elevated by a petit blaze of mistaken honours to an height of frenzie . and though our author be a high flyer , and loves to flye at none so much as high peers and prelates , yet he will play at small game rather than sit out , there being one ( and but one ) of the inferiour clergy whom he hath in choice , and that is peter heylyn dr. in cosmography ( 't is well he will allow him to be dr. in somewhat yet ) as he calls him there a theologaster , as with scorn and disdain enough he is called there also ; of him he telleth us in those printed but unpublished sheets , fol. 131. that the court bishops netled with this antithesis , this opposition ( he means that which was made by the bishop of lincoln against placing the communion table altar-wise ) to their grand design , laboured as vehemently to maintain their own proceedings , and put out the work to their bold champion dr. heylyn , who thereupon undertakes the bishop , and bungleth up a reply to him full of ignorance and virulence , so much the fiercer because he thought the bishop not in the state of operating any thing considerably noxious to him . but the next lustre this bishop became for a while illustrious , and then he did fawn upon and cringe to him , on whom he had formerly trampled , no man more . what a goliah have we here stretching himself upon his tiptoes , and bidding a general defiance to the hoste of israel ! the blatant beast broke loose again , and no sir laniorack , or sir calidore to hunt him back unto his den , and there tie him up . a second mar-prelate at the best , fit to be dealt withal by none , but tom nashes ghost , and to that i leave him . the honour he hath done the dr. in giving him a place amongst so much good company , requireth from any friend of his , a more gentle usage , then pap with anhatchet in those times to the elder martinists . and though it is to be confessed , that much of this strain stuffe died under the press , & never was permitted to come abroad ( whether upon the second & more sober thoughts of the author himself , or the care and modesty of some friends who perused the sheets , doth not concern me to enquire ) yet doth our author stand convicted in his first intention , & may be counted , voto saltem si non opere , as guilty of the crime of defamation , as any other whatsoever in these last ill times : great pity certainly , that such a two-hand sword as this , shou'd be kept in the scabbard , and that he was perswaded not to draw it out , though he had only fenced and flourished with it ( like a whiffler in my lord maiors show ) to delight the multitude . and yet ( a blessing on him for it ) he would be sain thought to write some of them , but leaves them at the last in a worse condition , then he had brought them to at first . he is content to leave out the first part of that character , which he h●d given my lord of london , whom he had formerly affirmed to be none of the best scholars ; and now stands only to the last that he was none of the worst bishops , not that he finds himself to be fully satisfied with the observator touching the abilities of that prelate , but that he was loath to abide any misconstructions , finding the historians noate verified , virorum ut magna admiratio , ita censura difficilis est , fol. 26. and therefore he stands to it still , that he saw no reason , why he might not safely say , that this bishop was none of the greatest scholars , without disparagement to his function , scholarship , or his own prudence , entring upon a wild discourse , touching the measure of learning , required to the qualification of a bishop , and so resolves upon the point , that a bishop may be scholar sufficient for his place , though he be none of the greatest magnitude . which , whether it be a righting of the person , or rather a wronging of the bishop , i leave unto the consideration of the critical reader . and for that part of the character which he hath left standing by it self , without that deleatur which he seems to brag of , it is such a sorry peece of commendation , as the historian gives us of a noble roman , of whom he sayth , that he , was magis extra vitia quam cum virtutibus , rather not guilty of any notorious vices , than adorned with any eminent virtues . no hearty commendations , this , according to the old style of england , but a cold negative commendation , a commendation stylo novo , and such a one as i conceive our author would not be well pleased with from another man. none of the worst bishops , and none of the worst historians , may seem to intimate , that neither are positively good in their several kinds , or though amongst so many bad ones ( as almost all the bishops are by him presented ) they may pass for tolerable ; and therefore i desire our author , if either the history or pamphlet live to another edition , that he would pass a deleatur upon this part also , leaving this reverend person unto that amends which our author hopes he hath made in the rest that followeth . less candidly doth he deal with the other bishop , accused for saying ( in his pontificall ruffe , as he elsewhere phraseth it ) that he hoped to live to see the day when a minister should be as good a man , as any iack-gentleman in england . for , though he doth confesse , that his information was not then so good as it hath been since , and hath therefore corrected that expression according to the observators ( for so i think he meaneth by that authors own copy ) and added vpstart to jack-gentleman in the new edition , yet will he not allow that the observators vindication of him , from any such distemper in his words or actions , as he freeth him from ; or that the expression so corrected , doth argue much of that temper or wisdom , which the observator crieth up in him . fol. 29. this is hard dealing in our author , first to expose a man , one of the fathers of the church , for words which were never spoken by him , and not so spoken as presented to the eye of the reader , to the publique hatred , and after when the expression stands so qualified and corrected in the author himself , as to admit a justification with all sober men , to keep him still under the same uncharitable terms of reproach and obloquy . for why a minister should not be as good a man as any vpstart jack-gentleman in all the pack , i can see no reason ; the dignity , office , function , and the civillity of his breeding , with other necessary qualifications required in him , being well considered . with greater zeal , but with as mischievous intention , doth he advocate for bishop potter , of whom the observator telleth us , that his preferment unto the bishoprick of carlile , could not get the king any love in the hearts of his people . our author hereupon inferreth , fol. 14. that this must necessarily signifie something of abominable quality , in either the person or doctrine of dr. potter , or both , to be efficatious to obstruct and impede the affection of the subject . the gentleman telleth us , fol. 35. that really there are many better historians than himself , which i readily grant , but addeth withal , that there are some worse disputants also , which i more than doubt . for who can say which hath but the least smattering in the rules of l●gick , that the observators premises about the bishop , must necessarily inferr any such conclusion as our author maketh ? he might as well conclude from that passage in the observator , ( and perhaps more truely ) that there was something of abominable quality , in the kings calling in of montagues book , as in the person and doctrine of dr. potter , which might obstruct the affection of the kings liege people , both being joyned together by the observator to rove this aphorisme , that it never falls out well with christian princes , when they make religion bend to policy ; there being no reason eminently visible why that doctor ( being a thorow-paced calvinian , and otherwise unqualified for so great a charge ) should be made a bishop , but only ad faciendum populum , to gain the king some reputation and esteem with the rest of that party . but the vindication of this bishop is not the main point which our author driveth at . for taking an occasion by the word calvinian , he telleth us , that though a man be never so great a scholar , never so pious , never so conscientious in all his actions , he must ( if he passe under the notion of a calvinist ) be said to dote , or to be an hypocrite , or be called a knave , with all which titles of honour ( as our author saith ) he hath known the gallantest men in this nation dubbed . he had done well to have specified the names of those , who have given any of those vile terms to such gallant persons , and not to leave it as a brand on all those of the contrary perswasion , so much the more odious and uncharitable , because delivered in the general . thus i have layed together such particular passages as serve best to discover our authors temper , and the ill spirit which doth guide him in all his characters and censures ; that when it comes either to the doctors turn , or the observator to be arraigned ( but not convicted ) before his tribunal , it may not seem any wonder to a charitable and judicious reader , to see them charged so frequently with the like reproaches . which premonition being given , i shall proceed in order to the rest that followeth . chapt . ii. our authors affecting of hard words no part of eloquence . the sorry plea made by him for his justification . his incorrigibility therein , & a course prescribed for his cure . neither the observator nor the dr. so ignorant in the meaning of the word stylus as the pamphleter makes them . titles of honour given by the pampleter to the observator , and the dr. also . a general view of the five charges laid upon them . the observator freed from falsifying the authors preface , and vindicated in his credit from the pamphleters scandals . the authors faint plea for calumniating the english clergy . the dr. vindicated from that extreme love of the world , which the pamphleter hath charged upon him . the answer to his second charge , deferred to the chapter of the sabbath . the dr. freed from any servile fawnings on the bishop of lincoln . a true relation of the drs. carriage toward that bishop , and the committee of parliament at the time of these supposed fawnings . the author corrupts his own text , to make it justifie his pamphlet in these four particulars , viz. first in the matter of the kings power . 2ly . in the jurisdiction of the vice-admirall . 3ly in the informations about arminianism . and 4ly . touching the repeal of the articles of the church of ireland . it is the counsel of josephus , as before is noted , that they who make profession to write histories , should beautifie the same with ornaments of eloquence , to the end that the reader may converse therein with the more delectation . our author likes this counsell well , but thinks all eloquence to consist in the affectation of new-minted and out-landish words , which rather seem to astonish and confound , than delight the reader . for which being admonished by the observator in a friendly and ingenuous way he laboureth more to justifie than refor● the errour . and first he tells us for himsel● that being conversant with authors 〈◊〉 the noblest and chief remarque in several languages , not only their nation● but their very words , especially being 〈◊〉 the most elegant import , became a● length so familiar with him , as when he applyed himself to that present work , he found it very difficult to renounce his former acquaintance with them . fol. 2. assuredly i cannot doubt but that many others are as conversant in writers of severall tongues , and as familiar with their words and phrases , as our author is , who yet disdain to diaper their style with such in inckhorn tearms , as none but rhombus or rhomboides ( that is to say the son of old father rhombus ) would vouchsafe to use . but our author hath borrowed his plea from ignoramus , who could not speak out of the dialect of the law , and therefore urged these words for his justification , viz. linqua mea vadit ad verba accustumata , that is to say in our authors english , that they were grown so familiar to him , that he found it very difficult to renounce his former acquaintance with them . he telleth us next , that livy and salust , two historians , lye under the same censure ; the first for his patavinity , as asinius called it , the oother for his obsolete words extracted from cato de originibus , as augustus said . but sir , the censure under which livy●ay ●ay was not for affectation of new-minted words extracted from the tyrian , gallick , or greek originalls ; but for the flourishing verdure of his style , agreeable in some sort unto the fertility and redundancy of the soyle of padua , his patavinity , as for that cause asinius called it . and for the obsolete words which are found in salust , they are but very rarely used , nor were so obsolete , but that the romans very well understood their meaning , without any such interpreter to be sent along with them , as our author hath been fain to send with some hundreds of foreiners . i know sir philip sidney in his defence of poesie hath for the same cause , blamed edmund spencer , our chief english poet , for affecting in his pastorals the like obsolete words , considering that neither any of the greeks or latines in their eclogues , or bucolicks , did affect the like . nor did spencer , though he lived long after it , endeavour to justifie himself , as our author doth : the affectation of new words never heard before , and of old words , worne out of use by long tract of time , being equally faulty and ridiculous . and though our author promiseth ( twice for failing ) to reform this errour , yet i see little reformation in the new impression of his history , wherein the greatest part of those new-coyned tearms , are still left remaining : as one that rather seems resolved as well in this , ( as many other things besides ) not to alter any thing , than to take any hint for it from such an inconsiderable fellow as the observator , or one of so mean parts , as his alter idem , doctor heylin must be thought to be . i see our author is past cure by any ordinary means and applications . no way to bring up these hard words , but that prescribed by ben iohnson to his poetasters , and practised by coln , and cupes on their ignoramus , and to that i leave him . and first with reference to his style , so high , as the observator noted , that no english reader could climb over it he telleth us , that it is a wooden conceit made by as wo●den an observator , who had not his head ( all but the face ) been made of blocks , or had he consulted with ancient authors , he might have known that the word style used by writers was not made of wood , as this observator supposeth , but of metal , the very same with his own face , &c. fol. 2. now the thunder-thumping jove transfund his dotes into the pericranion of our learned author , who seems like rhombus in sir philip ( old father rhombus , well may the bones rest of that good old father ) to be even gravidated with child untill he hath endoctrinated our plumbeus cerebrolities in the ad●equate sence , and perceptibility of the word stylus , which neither that unconcerned fellow , the observator , whose head is made of blocks and his face of brass , nor that dull piece of ignorance the poor dr. of cosmography ( of whom wee shall hear more anon ) ever heard before . but sir , in good earnest can you think , that neither the doctor or the observator could understand the meaning of a common ordinary word ( with the help of a dictionary at the least ) untill they were instructed by your learned commentary . assuredly , but that the gentleman lieth continually at rack and manger with my lady philologie , and is so conversant with authors of the noblest remarque in several languages , that a poor english writer cannot get a good look from him , he might have known that in the first edition of his cosmography , writ but when 20 years of age , or not much above , the doctor understood the meaning of the old word stylus . it is an instrument ( saith he , pagina 741. of the book called micorocosm . ) with which they wrote , & was a sharp-pointed iron , which they called stylus , a word now signifying ( the original hence taken ) the peculiar kind of phrase which any man used , as negligens stylus in quintilian , and exercitatus stylus in cicero . and if the doctor and the observator make but the same one person , as our author telleth us , the observator is as free from this piece of ignorance , as the author himself , how poorly and scornfully soever he is pleased to think and speak of the one , and the other . to clear our way to that which followeth , i think my self obliged to present the reader with a catalogue of those scornfull names , and reproachfull charges , which he hath laid upon the observator and the doctor too , that i may shew what manner of man we have to deal with ; & what necessity there is of wiping off those slanders and calumniations which with a prodigal hand he bestoweth upon them . for if they be such men as our author maketh them , the very truth will prove unwelcome for their sakes ; little credit being commonly given unto any such thing , as is commended by the pen of unworthy persons . dividing therefore all these slanders and calumniations which are meerly verbal , from such as carry with them some charge of consequence , we will only make a generall muster of the first , and so pass them over , knowing full well , convitia spreta exolescunt , that obloquies of this nature have been better contemned than answered by the wisest men . and for such charges as our author hath reproached them with , we doubt not but we shall be able to wipe them off , and to retort the intended imputation on the authors head . first then , he telleth us of the wooden observator , that his head is made of blocks , and his face of metal , fol. 2. sends him to squire sanderson to learn wit and manners , fol. 4. gives him the name of an impudent observator , fol. 9. of canis palatinus , court-curre , a fellow so unconcerned , &c. fol. 12. of this man in the moon , fol. 15. of doctor coale whom the bishop of lincoln carbonadoed , fol. 27. of one between hawk and buzzard , fol. 30. of the light-fingered observator , fol. 35. of a modern poet , and a wit every inch of him , fol. 36. of an ill-looking fellow , fol. 36. of as arrant an errant as ever was , fol. 39. accuseth him of metaphysical whim-whams , folio 5. of failing and forging fouly , fol. 9. of notorious corrupting and falsifying , fol. 45. of juggling and supposititious foistings , fol. 10. of being more shamefully out than ever man was , out of the story beyond all measure , and out of charity beyond all religion , fol. 41. then for the doctor he honoreth him with no other title than that of a doctor in cosmography , fol. 22. the which he so vehemently affected , that though it was damned in one of the unpublished sheets , yet he must needs vent it in this second pamphlet : in which unpublished sheets he makes him amends indeed ( and we thank him for it ) by calling him the bold champion of the prelates , or prelalatical party , to all which they need say no more ( but that the accusations shall be answered in their proper places ) than as a wise man once did upon the like provocations , viz. tu linguae nos aurium domini sumus , that is to say , that they have as much command of their eares to hear with patience , as our author hath of his tongue to speak his passions , our author being like those who love to say , with our tongue we will prevail , our lips are our own , who is lord over us ? psal . 12. v. 4. then , for the charges they stand thus , first for the obsetvator , that he hath fouly forged and failed , in leaving out a word in the authors preface , fol. 9. for which called impudent observator there , and taxed with notorious corrupting and falsifying in the latter end of this present pamphlet . and 2ly . that the observator doth save him part of his labour , ( that is to say in naming any of those men whom he had accused of being vicious even to scandall ) in naming himself for one of them , fol. 28. then of the doctor it is said , that cosmography was a work very proper for him , there being none fitter to describe the world than he , who all his life hath loved the world , none like him , fol. 22. 2ly . that in the business of the sabbath he hath falsifyed the words of pareus by changing quando into quomodo ; it being submitted thereupon unto all the world , to consider what it is for a doctor of divinity , for so great a champion of antiquity against noveltie , not in an idle circumstance , but in the grand concernment of a controversie , to forge and falsifye a record so boldly , the modest gentlemam not daring ( as he telleth us ) to say , so impudently , fol. 24. 3ly . that having , as all the world knoweth , most insolently trampled and insulted upon this bishop , ( the bishop of lincoln he means ) he no sooner heard of his inlargement , but instantly he came creeping and cringing , and crawling , and crouching to him so servilely , as made his lordship merry at the uncouth sight , and all this to stand his friend , or at least not appear his foe at that time , when that doctor was in a most sorry plight , fol. 40. somewhat to this effect occurs in the unpublished sheets of our authors history , which hath been touched upon already in their proper place , and therefore do not stand in need of a repetition . these are the charges which our author hath drawn up against his adversaries , and unto these in generall , we shall say with phaeton . — pudet haec appropria nobis est dici potuisse , et non potuisse refelli . that is to say , foul shame it were , should he such men defie , and we stand mute , not able to reply . first then , it is charged on the observator , that he hath fouly failed and forged , in leaving out a word in the authors preface . how so ? marry because our author having expressed himself in these very words , viz. confident i am , i stand secure against any substantiall falshoods , and i hope against circumstantiall also ; the observator in trimming or abbreviating these words of the author , leaves out i hope , making the whole sentence to run thus , viz. that he is confident he stands secure , not only from substantiall falshoods , but even from cercumstantial also ; and this he calls a notorious corrupting and falsifying of his preface , fol. 45. with pride and insolence enough , parturiant montes &c. you have shewed us the mountain gentle sir , but pray you sir where is the mouse ? for though you seem to qualifie your confidence in standing secure against circumstantial falshoods , especially in point of temporalities , with this word , i hope ; yet you are bold to say , in the following words , that no one thing or action , is so in those annals of yours mislaid , as to super-annuate ; no hoping here in referrence unto superanuating ( as you please to phrase it ) but an absolute confidence , as absolute a confidence as these words of yours , i will be bold to say , can express or signifie , & t is in reference to your superannuating , if you mark it well , that the observator puts you in mind of your confident preface , for thus it followeth word for word in the observations , that is to say , this is a very strange hysteron proteron , setting the cart before the horse , as we use to say , for certainly the articles at lambeth , being made part of the confession of the church of ireland , anno 1615. as indeed they were , could not before that time be sent to the assembly , or synod of dort , which was not held till three years after , anno 1619. and this i take to be somewhat more ? than a super-annuating as he calleth it in his temporalities , though he be confident in his preface , that he stands secure , not only from substantiall falshoods , but even from circumstantiall also , in assigning all , both things and actions , their proper places . how ill this confidence is grounded we have seen in part , and shall see more hereof hereafter , as occasion serveth . what think you now on the whole matter , my most precious pamphleter ? do not those words you quarrel in the observator follow immediatly upon so grosse a super-annuating , as you stand convinced of , and was it not of your not super-anunating that you speak so boldly , without that qualifying hope , which though it may save your credit in some other circumstantiall falshoods , cannot d● it here ? take therefore back unto your self , your failing and your forging , your notorious falsifying and corrupting , and your impudence too , into the bargain ; the observator hath no title unto either of them . it is charged next on the observator , that he saveth our author part of his labour ( that is to say ) in nameing any of those men whom he had accused of being vitious even to scandal , in naming himself for one of them . this is good fish indeed if it were well fryed , but who shall have the cooking of it ? it must sure be some cook of the devills sending , one who is accusator fratrum , a slanderer or calumniator of the brethren , as before was noted : for this charge he grounds himself on these words of jerome , quando sine nomine contra vitia scribitur , qui ir●scitur accusator sui est , that is to say , when vices are declamed against , and no person named , he who is angry , accuseth himself . a very saving maxim , i assure you that ; as saving and advantageous to our authors purpose , as all the saving truths which are found in his history . and should that use be made of the fathers maxim , which our author mak●s of it in this case , any men might ponere os in coelum , libell archbishops , bishops , a whole national clergy , proclame them guilty of a vitiousnesse to the height of scandal , and lay unto their charge even things they know not , in the psalmist language ; yet none must dare to advocate for the common innocence , for fear of being 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or a felo de se , as our lawiers call it , a self condemnor at the least , and in this case a murderer of his own good name . the pamphletter seems to have some knowledge of the observator , telling us fol. 45. that he hath met him in the same shop near a hundred times , and not less than ten times after the publication of this doubty history ; and questionless hath inquired with a diligent malice into the whole course of his life and actions . if therefore he can prove him guilty of any one vitious qualy , either in the habit or the disposition if at the least our author be so conversant amongst the moralists , as to know the difference between them ) let him speak out , & do it boldly , none shall blame him for it . but to talk thus of vitiousnesse even to scandall , and not be able to name any one ( when invited and required to do it ) but by the saving inferences of a generall maxim , makes him unworthy of any further answer , than what michael the arch-angel gave unto you know whom . and whereas our author pleadeth after for his justification to this particular , that history is not only , the repository of the virtues of heroick spirits , but ●he testimony of the vices of bad men ; and therefore that he could do no lesse than ●ake some notice of this exorbitancy of some of the clergy ; he should have named as well the vices , as the men , that so ( as it was hinted to him by the observator ) the rest of the clergy might have ●een discharg'd of that foul reproach , fol. 2. but we know who it was that said , do●olosus versatur in generalibns , that fraudu●ent and deceitfull men keep aloof in generals , that being a more saving way to preserve themselves from the danger of a ●tricter examination , than if they should ●lescend to particular instances . nor do i ●hink our author was indeed afraid of ●eing accused of i know not what , had he ●mitted this calumniating of some of the clergy , as he seems to be ; but rather ●hat it had conduced very much to his ●onour , either in leaving it quite out of ●he first edition , or suppressing it wholy ●n the second . the third in course , but first in order ●f these charges which he lays on ●he dr. the dr. of cosmography , in his ●aunting language , is , that cosmogra●hy was a work very proper for him , there being none fitter to describe the world , than he who all his life loved the world , none like him . none like him ? that were strange indeed ; what more philargurous ( one of your fine words dear sir ) and more addicted unto fil●hy lucre than the presbyterians , according to your character of them in both editions ? if so , the cavaliers will be ashamed of him , and send him home to these men , with whom you make him to agree in such base affections . but good sir do you speak in earnest ? hath he lost such a fair revenue , above 800 l. per annum in ecclesiastica● preferments , 1000 l. at the least in books● plate , & moveables , for the testimony of a good conscience ? hath his poor tempora● estate been first brought under sequestration , under a decimation since , onl● for his adhesion to those sacred verities to which he hath been principled by education , and confirmed by study , and ca● he be challenged notwithstanding , fo● loving the world all his life , and loving i● in such a measure , as no man like him ? the● frange leves calamos & scinde thalia li●bellos , in the poets language ; it will b● high time for him to burn his books , & gi● over his studies , to abandon his forme● interess , like a right time-server , to assert none but saving truths , as our author doth , and so to settle and apply himself to the love of the world indeed . when the pampleter shal give as great , & as many testimonies of his not loving the world as the dr. can , i may perhaps think fit to tell him , that i am confident as many men ( not being domestiques ) have eaten of the doctors bread , and drunk of his cup , during the whole time of his constant house-keeping , as ever did of his who objects this to him . but being as it is , the doctor , though a doctor of cosmography only , may not unfitly use the words of a modern poet , and one that was a wit every inch of him , as you know who said , a little being altered in the close to make it fit and suitable to his purpose ; thus . have i renounc'd my faith ? or basely sold salvation , or my loyalty for gold ? have i some former practice undertook by poyson , shot , sharp knife , or sharper look to kill my king ? have i betray'd the state to fire , or fury , or some newer fate ? if guilty in these kindes i am content to be thus branded for my punishment . 4 the 2 charge laid upon the doctor , and the 4th . in order , is said to be the falsifying of the words of pareus , by changing quando into quomodo , in the great businesse of the sabbath , which with the inference thereupon shall be considered of at full , in its proper place : let the reader keep it on account , and when we come to that chapter ( which relateth to the sabbatarian quarrels ) i shall quit that score . 5. the 3 charge laid upon the doctor , and the fifth in course , is a matter of fact , viz. that having , as all the world knoweth , most insolently trampled and insulted upon the bishop when he was down , he no sooner heard of his inlargement , but instantly he came creeping and cringing , and crawling , and crouching to him so servilely , as made his lordship merry with the uncouth sight , and all this to stand his friend , or at least not appear his foe at that time , when that doctor was in a most sorry plight . a pretty tale , whether a winter tale , or the tale of a tub , ●is no matter now , our author having no ground for it , but a tris●ing heresay , without producing his tales-master to make it good , he only says that he hath been told , & told it by some credible persons , but who those credible persons were is a great state-secret , though many times it may so happen , that credible persons may be over credulous , and being such , may be as forward in divulging incredible ●hings , and consequently both may and doe , mendacium dicere , re●ort a thing that is not true , though they think ●●t be ; but since he hath desired the reader , courted him by the name of the gentle reader , and conjured him ( if thou lovest me ) to put the dr. to the question whether so or not ; i have accordingly asked the question , & am answered negatively , no , not a word true in all the ●able , so that i might here end with these words of cicero , quid m●nus est non dico oratoris , sed hominis , quam id ob●icere ●adve●sar●o , quod si ille verbo negaver it , longè progredi non possis ? a bare denial is a sufficient answer to a groundlesse slander . but since he layeth it home to the observator , and would gladly know of him , whether so or no , partly to satisfie in behalf of the observator , and partly to vindicate the doctor from the scorns of contempt and laughter , i shall lay down the whole story from his own mouth , not only in reference to that bishop , but to the sorry plight which the pamphleter telleth us he was in , at the time of the supposed crouching and cringing . the reader ( if he please ) may passe it over , as a thing impertinent , being written principally to undeceive , and disabuse our present author , who otherwise taking it ( as he doth many things else ) on the credit of hear-say , may give it some place in the next edition of this famous history ; the most part of it being offered to the world already , in the printed but unpublished sheets so often mentioned . to him it only is intended , and to him thus dedicated , sed tibi quando vacat , quando est jucunda relatu , historiam prima repetens ab origint pandam . that is to say , your leasure serving , and the story fit , from the beginning i will open it . know then , that the doctor having done his service to the king at the opening of his last parliament , novemb. 3. an. 1640. retired himself into the country , that being far off , and out of sight , he might the lesse provoke the indignation of some turbulent men , who were resolved to bear all down that stood before them ; not startled with the stones thrown at him in the speeches of sir benjamin rudyard , and some others , he continued there , till the news , that dr. bastwick , mr. burton , and mr. prynne were sent for from their several prisons , brought him back to westminster , there to abide such fortune , whether good or ill , as that conjunction of ill planets , which seemed destructive to so many , should portend to him . no sooner was he come , but he was advertised , that his retreat into the country , was taken by most men for a flight from england ; and wagers offered to be laid , that he should be seen no more while the parliament lasted . the better to cry down this clamour , and satisfie all such as conceived so of him , he went the next morning in his gown and tippet into westminster hall , shewing himself with no lesse confidence than courage to the eyes of many , who would have been much better pleased with his room than his company . to the bishop of lincoln , then released from imprisonment , he gave no attendance at all , in his private lodging or elsewhere , till meeting him one day in jerusalem chamber , where the prebends were then met together , he gave him in as few words as might be the common civility of a complement , for his return unto the college . the doctor knew that mr. bagshaw , and mr. prynne , had been in private with the bishop some two days before ; and he knew too much of that prelate , ●nd his exasperations , either to look for aavour from him , or rely upon him . summoned to attend before the committee for the courts of justice , about the beginning of december , on the complaint of mr. prynne , who had joyned him in a petition with the lord arch-bishop , as the chief agents and contrivers of all his sufferings , he appeared accordingly . in what a sorry plight he was , or rather how far from being in any such sorry plight , how little dijectednesse there appeared in his spirits , with what vivacity of countenance , and with what readiness of speech , he behaved himself in the several times of his attendance , not only mr. prynne himself , but several members of that committee , who are still alive , are best able to testifie . the sequel of the whole was this , that though he made his first appearance with all those disadvantages of prejudice and prepossession , which commonly obstruct the way to an equal hearing , yet got he so much ground of them , by his own modest confidence on the one side , and want of fit ▪ roofs on the other , that in the end he was dismissed , not only with cheerfull countenance from them all , but with expressions also of esteem and favour from divers of them . and whereas it was ordered and resolved upon the question , on tuesday april 20. 1641. that the sentences against mr. prynne in the star-chamber were illegal , and without just ground , that he should be released of his impris●nment and fine , that reparation should be made him by all those lords of his majesties council , whose names were to the warrant for his commitment ; it was ordered at the same time that the charge against the doctor should be transmitted to the committee for religion , to be considered of with such other charges and complaints as were come against him . so mr. prynne relates the businesse in the story of his own proceedings , page 142 , and 143. after which time the doctor never heard more of this businesse , nor of any other which did or might create any trouble to him from the houses of parliament , or any of the committees or members of it . it hapened in the mean season , that the doctor preaching in the abby-church at westminster , on the next sunday after his first appearance before that committee , was interrupted in his sermon , ( after a very unusual manner ) by the bishop of lincoln , knocking with his staff upon the pulpit , and saying aloud , no more of that point , no more of that point , with which alarm the doctor was so little disturbed , that without any haesitance in speech , or change of countenance , he addressed himself unto his auditors , telling them , that he had not much to come of the present point , but being that he was commanded not to presse it further , he would proceed unto the next , which he did accordingly . no sooner was he brought back to his stall , but the bishop calling one doctor wilson ( another of the prebendaries ) to bear witness of that which passed between them , required the doctor to deliver a copy of the sermon by him preached , to which the doctor chearfully yeelded , and presently gave his lordship the whole book of sermons which he had then with him : a thing , in which it was much feared by some of his friends , that he had been suddenly surprised , and gi●en thereby a great and notable advantage to a dangerous enemy but the doctor knew well enough on what grounds he went , expecting without any trouble the successe of that daies adventure . the same day , as they came from the evening service , the bishop sent one of his gentlemen , to desire the sub-dean , doctor wilson , and doctor heylyn to come to his lodging , to which it was answered openly , and in a full cloyster , by doctor heylyn , that he would not go : that he would meet his lordship in either of the houses of parliament , or any of the courts in westminster-hall , or the publique chapter-house of the church , and would there answer any thing he could charge him with , but that he would never shuffle up the business in the bishops lodging , or take a private satisfaction for a publick baffle . scarce had he put off his church-vestments , when his most honoured friends the lord bishop of peterborough , and sir robert filmer ( who had heard all that passed before ) came to spend an hour with him , and not long after comes the subdean , from the bishop of lincoln , with the book of sermons , assuring him that the bishop meant him nothing but well , that he had read none of the sermons but that which had been preached that morning , that he professed himself much beholding to him for committing into his hands so great a trust , and finally , that since the doctor would not come to receive the book , he had sent it to him . to which the dr. made reply , that the book was taken from him in the sight of hundreds , and that he would not otherwise receive it , than either in the same place , or a place more publick , that therefore he should carry back the book to him that sent it , to the end that he might read over all the rest of the sermons , and pick out of them what he could to the doctors disadvantage ; that as he did not court his favours , or expect any thing from him , so neither did he fear his frown , or any further mischief which he could do to him , equall to what he had done already ; and finally , that he was more ashamed of the poorness of this prostitution , than at the insolencies of the morning , which being the best answer that the sub-dean could at that time obtain from him , he threw the book into the room , and so went his way . the cariage of this business on the drs. part was variously censured the next day , as men stood affected , laudatnr ab his , culpatur ab illis : some thinking that he had carried it with too high a hand , others , that he had done no more , than what he was obliged to do for his own justification . what think you my most precious author , where is the creeping aud cringing , the crawling and crouching which your pamphlet speaks of ? where that servility of carriage which made his lordship merry at the sight thereof ? though possibly as the case then stood , & in that very nick of time when the bishop might either stand his friend or appear his foe , a little cringing in the doctor had not been scandalous as the gentleman makes it . nor did the doctor only consult his fame , but he took order to provide for his safety also . and therefore understanding what reports had been spread abroad upon the accident , some saying that the bishop had interrupted him for preaching against the scots ( some of whose ( ō nissioners were then present ) others , for preaching in defence of transubstantiation & others for arminianism , and i know not what , he gave an accompt thereof to the king , and then transcribed a copy of the whole passage , which had been and was to have been spoken , and sent it in a letter to mr. john white of the temple , whom he observed to be at the sermon , desiring him to communicate it at the next sitting of the committee , that when he was to appear before them the second time , they might be satisfied in all things touching that particular . which addresse took so good effect , that mr. white ( though most eagerly bent against the doctor at his first appearance ) did the businesse for him , reading the whole passage to that committee , and testified what he saw and noted when he was at the sermon ; and thereupon it was declared by the unanimous voice of all then present , that there was nothing in that passage which did not become an honest man to speak , and a good christian to hear ; and not so only , but that the bishop was transported beyond his bounds , and failed in his accustomed prudence . and this perhaps both smoothed the way unto the doctor for his next appearance , where he found better entertainment than he did at the first ; and drew the bishop unto gentler ; and more moderate counsels . but to proceed , matters continuing between them in this state till aftre candelmas , the sub-dean findeth the doctor ! walking in the common orchard , perswades him to apply himself to the bishop , as being better able to help or hurt him than any other whatsoever , pressing the point with such a troublesom importunity , that the doctor asked him at the last whether that proposition came from himself , or the bishop of lincoln ? if from himself , it would no otherwise be look'd upon than a fruitles motion ; if from the bishop , it would require some further time of consideration . being assured that it came from the bishop , and that he should not doubt of a fair reception , he took some time to consider of it , and to acquaint some friends therewith , for removing of all such umbrages and misapprehensions , as otherwise that interparlance might have occasioned , which having done , he signified to the subdean about 2 days after , that he would wait upon his lordship in the evening following , being saturday night , when he conceived his lordship would be most at leasure from the businesse and affairs of parliament . his lordship being thus prepared , the dr. went accordingly to perform his visit , but finding some company in the room , whom he knew to be of the scotish nation , he recoyled again , followed immediatly at the heels by a gentleman , whom the bishop sent after him , to let him know , that the company was upon the parting , and that he should find his lordship all alone , at his coming back , as indeed he did ; being returned , he was presently taken by his lordship into his private gallery , his servants commanded to withdaw , and the doctor left in private with him , where after some previous expostulations on the one side , and honest defences on the other , they came by little and little unto better terms , and at the last into that familiarity and freedom of discourse , as seemed to have no token in it of the old displeasures ; the bishop in conclusion , accompanying the doctor out of the gallery , commanding one of his servants to light him home , and not to leave him till he brought him to his very door . after which time the doctor never saw him more ( except at the church ) till his second commitment to the tower ; whither the doctor going on some other occasion , resolved to pay unto him the homage of a dutifull attendance , l●st else his grace ( for then he was archbishop of york ) hearing that he had gi●en a visit to the rest of the bishops cōmitted at the same time for the protestation , might think the former breach between them , was not well made up . and at this time i trow , there was no need of creeping , and ●ringing , and crouching ; the doctors affairs being at that time and ●ong before ●n a good condition , and that arch-bishops in as bad as the fury of a popular ●atred could expose him to . this is the ●ruth , the whole truth , and nothing but the ●ruth , as to the doctors carriage in this particular , and to the sorry plight , which ●he pamphleter makes him to be in , at ●he time of these supposed cringings and ●servile crouchings . the readers pardon being asked ( if any shall vouchsafe to read it ) for this long but not unnecessary digression , i goe on again . the observator being freed from those failings and forgings , those falsifyings and corruptings , which the pamphleter had charged upon him , it will be worth our time to see , whether our author be not truly guilty of the self same crime , which he falsly lays unto his charge , in falsifying and corrupting the text of his own history , by soisting many words into it , to make his quarrel with the observator the more just and rational . for as i have some where read of calvin , that having first made his book of institutions , he did afterwards so translate and expound the scripture as to make it speak agreeable to the sense and doctrine which he had published in that book : so i may very safely say , that our author having framed his answer to the observations , as much to the disadvantage of the observator as he possibly could , did after change and alter the very sense of his history , to make it speak agreeable to the words of his pamphlet ; as for example . 1. the observator faulted it in the historian , for saying , that as a man without a female consort , so a king without his supreme councel , was but a half-formed sterill thing , the natural extracts of the one , ( for so it followeth in the author ) procreated without a wife , being not more spurious , than the politique descendents of the other , without the caution of a representative . this looked on by the observator , as a paradox most dangerous to supreme authority , in making parliaments so necessary to all acts of state , as if that kings , or they that have the power of kings , could do nothing lawfully , but what they do with their assistance , and by their consent . what saith the pamphleter to this ? marry he hopes , ( for he still saves himself by hoping ) that no man of any ingenuity , can so much as question , but that his politique descendents imply statute laws , which no king of england hath power to make without common consent in parliament , fol. 7. and that the text may speak agreeably to the words of this comment , he hath foisted the word laws into it , where before it was not ; as may appear to any man who will be pleased to compare the editions . 2ly . the historian had affirmed for certain that sir robert mansell as vice-admirall had an unquestionoble right of the chief conduct of that enterprize ( against the spaniard ) upon the dukes default . for which being contradicted by the observator , grounding himself on the authority and common practice of our kings , in granting those commands to any , as they see cause for it ; the pamphleter stands stil to his former errour , upon this ground , that many men of wisdome and experience , hold it for a rule , not only in this particular , but in all such as have vicariam potestatem , fol. 7. but yet to make sure work withall , he hath thrust these words , as they thought , into the text of his history , and thereby made his own position , that sir robert mansell had an unquestionable right to the chief comduct in that enterprize , to be the opinion of those many men of wisdome and long experience , whom the comment points too . new if we ask what these men were , who thought so of it , we find them in some lines before to be the mariners ; men ( i confesse ) of long experience , but of no great wisdome , and such as better understand the jurisdiction of their masters-place , than of the vice-admiral of england , and what such men as these may hold , touching the powers and privileges of such as have vicarium potestatem , is so inconsiderable , that i shall not trouble my self to insist more on it . 3ly . the historian had declared , that for armianism , the informations were very pregnant , &c. for which being blamed in many things by the observator , he puts off the odium from himself , to mr. pym and the committee for religion , professing that he only recited , what that committee declared as the product of their enquiries , and with this answer he conceiveth he might easily avoid no less than 25 pages of the observation , fol. 15. so he , and that it may be thought so by the reader too , he hath thrice foisted in these words , they said , into that part of his narrative , which concerns this business , as fol. 97. l. 27. for , arminianisn , they said , informations were very pregnant , &c. and fol. 98. l. 12 , 13. the hazard conceived from rome , &c. flowed , they said , partly from the uncontrouled publishing of severall points tending and working that way , and ibidem ●ine 19 , 20. the greatest danger was from popery direct , and from this , the danger they said appeared very great , &c. here have we dicnnt , ferunt , aiunt , these words they said , no lesse than thrice , in half a leaf , foisted in the text , to make it suitable to the pamphlet . and we had a praedicant in it too , ( that you may see , i have still some smattering of my grammar , ) an accusation of some men for their uncontrouled preaching of several points tending and warping towards popery , though now upon an admonition from the observator , he hath turned preaching into publishing , as appears , fol. 98 line 14. guided thereto , by the illustration of his comment , and a desire to do some right to doctor cozens , which i thank him for , whom he had formerly accused for preaching many things which warped towards popery , but now agreeth so far with the observator , as to excuse him from publishing and direct popery , in his hours of prayer . 4. the observator had declared , that the primate had conceived a displeasure against the lord deputy for abrogating the articles of religion established by the church of ireland , and setling in their place the articles of the church of enggland , to which the pampleter replyeth , that the articles of religion established in the church of ireland were never abrogated , though those of england were received and approved by that convocation , fol. 42. for proof whereof he hath produced a certificate under the hands of doctor barnard , and one samuel pullain , whose title and degree i know , and therefore am not to be blamed , if i give none to him . whether this superinduction of the articles of the church of england amount not to an abrogation of those of ireland , shall be considered of hereafter in that chapter which concerns armianism . now i shall only tell you this , that whereas our author had it thus in his first edition , fol. 132 , viz. that in the synod assembled in ireland , the body of articles formed by that church , anno 1615. were repealed , and in their places were substituted the thirty nine articles of the church of england : now to conform his text to the former comment , he hath left out the word repealed in his new edition , fol. 137. and tells us a clean contrary story to that before , which shall be looked upon in the place before mentioned , as more proper for it . and so i close this chapter , intended chiefly for the justication of the observator , and the retorting of some foistings , on the authors head ; withall confuting many of the pamphleters answers , which could not be so well considered of in an other place . chap. iii. the affairs of the two kings considered . of the impowering or not impowering the earl of bristol , by letters of proxie . the proxie granted to the king of spain ; and don charles his brother . our author qualifieth the word ever , to make it serve his turn , and yet cannot do it . the letter of philip the 3. to olivarez : nothing contained in it against the restoring of the palanate , but the contrary rather . king james communicated not with the parliament in the breach with spain : our author pleadeth a demonstration , but produceth none . our authors nicety between taking coach to and for white-hall , and the vanity of it . some solid grandure , contributed to the throne of kings in their coronations . his catholick majesty how concerned in our authors scoffs . that heretofore some kings in spain have been crowned and anointed ; though of late those ceremonies be disused , and upon what reasons . the pamphleters weak defences for our authors mistake , about taking the great seal from the bishop of lincoln , and the observator justified , as to that particular . our authors annuating and superannuating , in his temporalities . his superannuating , or subtertriennuating rather , in the ●ynod of do●t , how weakly justified and excused . the observators running leap made good , and his reasons for it . a transition to the following disputes about the sabbath or lords day . wee are now come to the main body of the pamphlet , in which we shall begin ( and good reason for it ) with such particulars as do relate to the two kings , and such of their personal affairs as our author treateth of . the first exception made by the observator , is the impowering of the eat● of bristol , to celebrate by proxie in the princes name , the marriage with the lady infanta . that so it must be understood , appeareth by the words foregoing . the spaniard ( saith he ) importunately moves his highnesse ( the● ready to depart for england ) that b● would be pleased to assign in his absence some proxie to contract with th● infanta , after a new dispensation ha● from rome , to whom the prince returned answer , that he would impower the earl of bristol , to give his majesty all satisfaction in that particular , which accordingly he did . the gentleman seems much displeased , that any such inference should be made from the former words , as the impowering of the earl by proxie , to proceed to the celebration of the marriage , and cals it an adoe about nothing . how so ? because ( saith he ) the observator might have found his meaning in the page next following , where he speaks of the earls delivering of the proxie , clearly importing , it was only in his custody to consign to another , fol. 3. but gentle sir , men that write histories , must write both properly and plainly , and not post off the reader from one place to another , to finde out their meaning , or else be forced to put such a sense and understanding on their words , as they will not bear , whereof we shall speak more anon on another occasion . in the mean time he proceeds to tell us , first that the proxie was to be consigned to the king of spain only , not to him and don charles , as the observator saith ; and secondly , that he would gladly know , who this don charles was , he being the first don charles , as he , or any body else he thought had ever heard of , ibid. to reply first unto the last , he need not be desirous to know who this don charles was , the observator having told him positively and plainly enough , that he was the king of spains brother ; and though the gentleman pretending to the spanish tongue ( as his encuerpoes , and accollados do most plainly fignifie ) conceives the observator should have called that prince by the name of don carlo , as the spaniards do : yet , if he please to look into the general history of that kingdome , written in french by lewis de mayerne , and translated into english by grimstone , he shall not fail of finding there the name of don charles many scores of times . but for his confident asseveration that the proxie was made , or consigned only to the king , and not unto the king and his brother , or to either of them , as the observator hath enformed him ; if that prove true , i must renounce my knowledge in all other languages , but my natural english . for in the instrument of the proxie , it is said expresly , that the prince , personam nominaturus magnitudini rei , ita praeexcelsae parem , & quae nomine suo , seque ipsum repraesentando , qua per est dignitate , & authoritate actui adeo solenni , henorifico & sumno possit satisfacere , & praedictum mat●imonium celebrare , & ad exitum perducere ; serenissimi regis catholici philippi 4. majestatem eligit , item & carolum hispaniarum infant●m ejus fratrem , unicuiqs eorum in solidum vices suas committendo , prout de facto & cum effectu , & melioribus via & forma commisit & dedit , & utrumquemq , eo um facit & constituit suum verum & legitimum & indubitabilem procuratorem , concedens unicuique &c. ut praedicto serenissimo carolo walliae principe , & ejus nomine , propriamque illius personam referendo , repraesentando , nuptias & matrimonium contrahat &c. cum praedicta serenissima domina maria hispaniarum infante &c. th●se are the very words of the publick instrument , which if they do not prove , and prove most undeniably , that the proxie was made unto the king of spain , a●d his brother charles , or to either of them , the pamphleter must have more knowledge in the latine tongue , then all men else that ever learn'd it . the next thing faulted in our author , is , his affirming , that england had ever found the spaniard a worse friend then enemy . the contrary whereof being proved by the observator , the pamphlet telleth us , that any fair mannered man , would understand the word ever , with reference to the state of reformation , fol. 3. and then the meaning must be this , that the spaniard hath ever been an ill friend to england , that is to say , ever since the time of her reformation . this was perhaps the gent. meaning , but we poor men that cannot search into his thoughts , must know his meaning by his gaping , by what he speaks or writes , not by what he thinks : and sure i am , the words can bear no such grammatical construction as he puts upon them . nor is his proposition true , with that limitation which he gives us of it ; the spaniards never troubling our proceedings in the reformation in the reign of king edward , nor in the first beginnings of queen elizabeth ( of whose life next under god himself he was the principal preserver ) till first by an underhand fomenting , and after by appearing visibly in the broyles of the netherlands , he was in forced to arm against her : reasons of state , and not the interests of religion , being the motives of the long war which after followed . but he goeth on and telleth us , that the observator seemeth to confesse it . he doth but seem so them , that 's one thing , and he doth not seem so , that is another : the observator saying only , that if upon the provocations given by queen elizabeth in supporting the netherlands , the spaniard took up armes against us , he had all the reason in the world for his justification ; which certainly is not so much as a seeming confession , that either religion or reformation , was any cause of that quarrel , on the spaniards part . next for the businesse of the pal●tilate , the observator telleth us from some letters of the earl bristols , that the spaniard really intended the restoring o● it . our author doth oppose to this , a letter of the king of spain to the count of olivarez his especial favourite , in which it may be found ( saith he ) that neither the match it self , nor the restitution of the palatinate , was sincerely intended , but delaies meerly sought for by the spaniard to accomplish his pe●fidious ends . now how he hath abused this letter , in making it to speak of things which he findeth not in it , will best be seen by looking on the letter it self , which is this that followeth . philip the 3. to the conde of olivarez . the king my father declared at his death , that his intention never was to marry my sister the infanta donna maria with the prince of wales , which your unkle don balthaser well understood , and so treated this match ever with an intention to delay it ; notwithstanding it is now so far advanced , that considering withall the aversnesse unto it of the infanta , as it is high time to seek some means to divert the treaty , which i would have you finde out , and i will make it good whatsoever it be , but in all other things procure the satisfaction of the king of great britain , who hath deserved very much , and it shall content me , so that it be not the match . this is that letter in the cabala , to which the author doth direct us , and refer himself , in which it is to be observed , first , that there is not one word in it touching the palatinate , that being a point which the spaniards would not hear of in that long treaty , and without which the match was finally agreed on , as was plainly shewn by the observator : which makes it evident how ill credit is to be given to our present pamphleter citing this letter for a proof , that the restoring of the palatinate , was never sincerely intended by the court of spain . this letter rather seems to prove , that the spaniard would not stick at the palatinate , if he could come off handsomely from the match it self . the king commanding olivarez , in all other things to procure the satisfaction of the king of great britain ; and therefore why not amongst other things , in the restitution of the palatinate to the prince elector ? in the next place we are to know that this letter was written before the prince went into spain : where by the gallantry of his carriage , and his prudent conduct of the businesse , he not only overcame all those difficulties , which had before been interposed , but conquered the aversnesse of the lady infanta , who became afterward extremely affectionate to him . and for the rupture which ensued , it is most clear and evident , that it proceeded from the english , not from the fraudulency or delays of the spanish counsels . after this followes the negotiation of the match with france , communicated by king james ( as the historian would inform us ) to his houses of parliament , by whom it was entertained with unanimous consent . the improbability of which , is proved by the observator , by the aversnesse of that king from parting with such a speciall branch of his royal prerogative , and the disdain with which he entertained the like proposition from them , a few years before . to this the pampletter replieth , that it was no more lessening of his prerogative , to communicate with them in the entrance into , then in the breach of a treaty of that nature , as he did in that of spain , which was the main businesse debated in the parliament of the 21. of king james . but sir , who told you that king james communicated with his houses of parliament , in the breach with spain ? i trow you finde not any such thing in the journals of either of the houses , with which you seem at other times to be very conversant ; and doubtlesse would have vouched them now , had he found this in them . that king had no design or purpose of breaking off his correspondence with his catholick majesty , and could not communicate those counsels with his houses of parliament , which he never had . in the course of that businesse , he was meerly passive , forcibly drawn to yeeld unto it at the last , by the continual solicitation of the prince , and the duke of buckingham , and an importunate petition of the lords and commons , presented by dr. abbot then archbishop of canterbury , a principal agent in promoting the intended breach . it followeth by our authors logick , the king communicated not with his parliament in the breach with spain ; ergo ( which is in english therefore , as we know who said ) he did not communicate with them neither in his treaty with france . of the observators not inveighing against king james , we have spoke already , and of king james his stickling against the arminians ( so far forth as the pamphleter leads me to it ) i shall speak hereafter . the error about the day of that kings interment , and the new kings marriage is confessed and mended by the author , but so that he would fain have the first error accompted but a st●p of his pen , fol. 6. and putteth on some reasons , signifying nothing , to conclude it for him . and for the second error , that about the marriage , he confesseth that he was mistaken . but saith withall , he could insallibly demonstrate , that it was designed upon the 8. concerning which i would first know , whether this demonstration were à priore , or à posteriore , as the logicians have distinguished , or that it was not rather some such sorry argument , drawn from the common topick of heresy , as he commonly builds on , or possibly some fallacy put upon him , a dicto secundum quid , ad dictum simpliciter , or some such like elench . but let it be the first for this once , and then i shall next ask him , why he communicated not the infallible demonstration to us , which he saith he had , since otherwise we are not bound to believe him in it ; he being no niggard of his story , when there is lesse occasion for it , then was given him now . and we know the rule in logick to be very true , viz. non existentium & non apparentium , eadem est ratio , a demonstration not produced , is as good as none . in their majesties goings to whitehall , the pamphleter still adheres to his first expression , and seemeth displeased , that the observator should not have so much ordinary capacity , as to discern the difference between the taking coach to and for whitehall , fol. 6. but sir , a good historian ( amongst which number you would fain count your self for one ) must write both properly and plainly , as before was said , and not trouble and torment the reader , in drawing dun out of the mire , in a piece of english . and he that shall compare those words , with the rest that follow , will finde no reason to collect any thing out of them , but that their majesties went all the way by coach , till they came to london . he that shall say , that any gent. of grays-inne , takes coach for westminster , when he alighteth out of the coach at the temple-gate , walketh on foot to the stairs , from thence takes boat to the kings bridge , and so walketh on foot again till he come to the hall , must needs be thought to speak improperly at the least , that i say not worse : no man of ordinary capacity being able to understand him otherwise , but that the gent. went by coach all the way to westminster , and not the least part of it only . but our author will not yeeld himself to be out in any thing , whereof we have had many examples already , and have more to come . of restraining the kings power in acts of state to the will of parliaments , and the wrong supposed to be done to sir robert mansell , with our authors falsifying his own text on those occasions , we have spoke before . the next thing which occurs de novo , is the scorn , put by our author on the coronation of kings , which he plainly cals a serious vanity , affirming that they cannot be i●le to better purpose . reproved for this by the observator , and those solemn inaugurations being proved , to be very ancient , directed by the holy spirit in the book of god , exemplified not only , in david , and many other kings of judah , but also in the son of david , the chief king of all : our author standeth unto it still , because ( saith he ) it conferreth no one dram of solid grandure to the throne , kings being perfect kings , and qualified fully to all intent of royalty without it , fol. 7. igrant indeed , that kings are perfect kings without this solemnity . the case of clark and watson in the first year of king james , and of many murderers and felons in the first year of king charles , make this plain enough : all of them being indited for their several felonies and treasons , committed by them against the peace of those several kings , their crowns and dignities , they neither of them crown'd at the time of those trials , so that i shall not trouble my self with looking into the case of the post-nati , as to that particular . but yet i cannot yeeld unto him , that these solemnities confer not so much as a single dram of solid grandure to the throne . for certainly the kings ▪ entry into a cognizance or stipulation with his people , to govern them according to their several lawes , and their atturning subjects to him , or acclaiming him to be their king , in our authors language , must needs contribute much to the establishment of the regal throne . were it not thus , king charles had been very ill advised , in putting himself to such immeasurable charges for receiving the poor crown of scotland ; and the scots , not more advised then he , in threatning him , that if he long deferred the duty of a coronation , they might perhaps be inclined to make choice of another king. for which consult our author , fol. 125. it seems by this , that neither of them did esteem it a serious vanity , and that the king conceived it to have somewhat in it of a solid grandure ; and this our author saw at last , and therefore is compell'd by the light of reason , and the convicting of his judgement ( whether by the observator , or not , shall not now be questioned ) to conclude thus with him , that there is something of a solid signification in those serious vanities . but then he adds withall , that all christian kings are not concerned in it , as is affirmed by the observator , his catholick majesty not being touched in it , because not crowned . nor doth this inference hold good by the rules of logick , that because his catholick majesty is not crowned at all , therefore the rites of coronation are not accompted sacred by him , or that he is unconcerned in those scoffs and scornes , which are put upon it by our author . betwixt all kings there is that sacred correspondence , that the violating of the rites or person of one concerns all the rest : and though the catholick king hath not been crowned in these last ages , yet do they still retain a solemn initiation into regality , as our author calleth it , at their first entrance into state. not crowned , i grant in these latter ages , though they were of old ; that which our saviour spake in the case of marriage between man and woman , viz. non fuit sic ab initio , that it was not so from the beginning , being true in the political marriages of these kings and kingdomes . for in the history of spain written by lewis de mayerne , it is said of inigo arista the 6. king of navarre , that he was anointed and crowned , after the manner of the kings of france ( of which he i● said to have been a native ) that custome being afterwards observed in the following kings . and though it be believed by some , that this custome came only into navarre , after they had kings of the house of champagn , yet that will give it the antiquity of four hundred years , and prove withall that crowning and anointing , was observed by some kings in that continent . nor was it thus only in navarre , but in castile also , alfonso the third of that name , king of castile and leon ( fortunate in his wars against his neighbours ) causing himself to be crowned emperour of spain in the cathedral church at leon , with the solemnities and ceremonies requisite in so great an act , receiving the holy unction , and the crown from don raymond archbishop of toledo : performed in leon , anno 1134. and afterwards iterated in castile ( as some writers say ) for the crown of toledo as a distinct and different kingdome . the chargeable repetition of which solemn act in so many kingdomes , as now and of long time have been united in the persons of the catholick kings , may possibly be the reason of the discontinuance of it in these latter daies : each kingdome in that continent , being apt to think it self neglected ( as the scots did here ) in case the king received not a particular coronation for it . considedering therefore that one coronation could not serve for all , it was the thriftiest way in respect of charges , and the way most like to please the particular nations , not to receive the crowns of any of them , in that solemn way , which was and is observed to this day in most christian kingdomes . the coronation being past , the king prepareth for the parliament approaching ; also in the way of preparation , he thought it fit , that some who in the last , had been uncivil towards the duke , should be made examples ; upon which accompt ( saith our historian ) the lord keeper williams fell , and his place was disposed of to sir thomas coventry . from which what can be possibly concluded by a knowing man , but that the displacing of the lord keeper williams , must fall between the coronation and the following parliament ? and then our author will not yeeld , that he was out in this temporality . how so ? because ( saith he ) i never intended it , to be in that moment of time to which that paragraph relates , fol. 8 is not this like to prove a brave historian think you , who professeth openly that he writes one thing and intends another ? is not the reader like to be very well edified by such reservations , as the author keeps unto himself , and are not to be found , either positively , or by way of inference , in the book he reads . our author certainly is put hard to it , when he can finde no other way to ev●de the errors of his pen but these silly shifts . and yet solamen miseris , as the old verse hath it . it is some comfort to him , that the observator should be out himself , in saying that the great seal was taken from him in october , whereas it is said by mr. howell , that he departed from the seal in august , fol. 8. but what if mr. howels intelligence fail him , who though a very honest man pretends not to the spirit of infallibility , as our author doth ? then certainly the observator is not out , nor my author in . but that we may not spend more time in tossing this debate like a tenice ball , from one hand to another ; the pamphleter may be pleased to know , first , that the committing of the great seal to sir thomas coventry , is placed by the continuator of stowes chronicle after the 25. of september , which makes it very near october if it were not in it . secondly , it is affirmed by those who have cause to know it , that the seal was committed to that gent. precisely on the first or second sunday of october , neither sooner nor later . and thirdly , i am very certain , that whensoeuer it was given to sir thomas coventry , it was taken from the bishop of lincoln but a day or two before , the newes of taking it from the one , and giving it to the other , being brought to oxford in the same letters . but then admitting fourthly , that the bishop parted with the seal in august , yet what makes this to our authors justification ? makes it not to his further condemnation rather ? who placeth it after candlemas , and makes it one of those things in which the king thought fit to prepare himself ( the coronation being ended ) for the following parliament . never had writer such ill luck , or so little modesty ; such ill luck , in calling after any thing which comes in his way , but finding nothing that will keep him up from sinking in his own mistakes ; so little modesty , in yeelding to no evidence which is brought against him : our author being like the bold wrastler , i have somewhere read of , who though he had many fals , and was often foiled , would still perswade the company that he had the better . but yet he makes us some amends in the next that followes , confessing that he was mistaken in making dr. laud bishop of bathe and wells , when he officiated at the coronation . but then withall , he slights the error , calling it scornfully grande nefas , an horrid crime no doubt , ibid. not noted by the observator as a crime , or a horrid crime , but as an error or mistake in his temporalities ; concerning which he saith , and will be bold to say it , in the end of his preface , that no one thing or action is so mislaid , as to superannuate , and not many to vary from the very day of their prime existence . not from the very day of their prime existence ! that were brave indeed , but braver if it were good in the course of the history . some variations from the very day of their prime existence , being seen already . we have here a super-semi-annuating ( a fine word of our authors new fashion ) in making doctor laud bishop of bathe and wells , seven moneths at least before his time : a superannuating in the great rout given to tilly by the king of sweden placed by our author in the year 1630. whereas that battle was not fought till the year next following ; a super-triennuating in placing the synod of dort , before the convocation of ireland held in the year 1615. that synod not being holden untill three years after , and if i do not finde a super-supe-annuating ( that is to say , a lapse of six years ) either in the pamphlet or the history , i am content , our author shall enjoy the honour of a publick triumph ; he must take greater pains then this to relieve his preface , from the purgatory of the observator , of which he telleth us fol. 9. or otherwise it is like to lie there , till the next general gaol-delivery by a bull from rome . now for the superannuating in the businesse of the councel of dort , ( a subterannuating call'd in the true sense of the thing ) our author hath very much to say , though little to the purpose , in his own defence ; for he resolves to act the wrastler above mentioned , and will not yeeld himself foyled , fall he never so often . and first he flyeth as formerly to his private intentions , telling us , that he intended his not superannuating of such things and actions , as have reference to the sixteen years of king charles , whereof he treateth in that history , not of such things as antecedently occurred , and were taken in by the by , fol. 8. and this is like an help at maw , kept in his hands to turn the fortune of the game , when it seemeth most desperate . but besides this subtersuge of his private intentions , he not only telleth us , that in things taken in by the by , he never will , nor did ever mean , to warrant the truth to every particular year ; but that this errour being extravagant , and out of the bounds of his principal narrative , may come within the confidence of his not superannuating . a rule and resolution no lesse saving then the truths he writes , and such as ill-becomes the mouth of a good historian ; who if he please to walk abroad into forein countreys , or look back into former times , must have as great care in the circumstances of time and place ( his temporability and localities in our authors language ) as in relating the ●ansitions and affairs at home , though these h●s principal concernment . but lest this should not serve the turn , he hath a trick to make all sure above all dispute , which is by fathering this mistake on the committee for religion , whose report , he there did , or at least intended ( he will be sure that his intentions shall not fail him ) to compleat . but dares he stand to this ? dar●s he stand to any thing ? no , we finde the contrary . for though he telleth us , that the observator would be wondrous blank , at his ridiculus mus , and after such a ranting triumph , if the error should be found to be none of his , but the infallible committees , yet in the end it will appear , that it was infallibly his own , himself confessing , that thinking fit to contract the report of that committee to a narrow scantling , not minding the words , so he secured the substance , he failed in the transcript of his copy , which did erroneously ( he grants ) present the articles sent to dort , before those of ireland , which makes it on the whole matter the greater wonder , that the man having made this ingenuous accompt as himself entituleth it , should reckon as a defence of his not superannuating in this particular ; which is ind●●d a plain confession of the fact , a taking to himself , or his own copy of the report , the mistake committed , and clearing of the committee for religion , upon which he had laid it . or granting that the copy was not of his own transcribing , but the copy rather of some others , the broken fragments , and loose notes of that report , wherewith some mercenary pen-man had abu●ed his credulity ; yet how can this be justified before that committee ; that such a bold affront should be offered to their infallibility , by laying this mistake on them : or that gent. mr. pym ▪ should be conjured from the royal sepulchres like samuel by the witch of e●dor , to bear witness to it ? but our author will not leave it so . the observator must be charged for fetching a running leap to pag. 96. rather then not finde another mistake ( sor so i think he meaneth ) in the history which is now before us . i thought the observator had in this deserved a more fair acknowledgement , in laying these mistakes together , then if he had took them one by one , as they came in his way , especially considering that he gives a good reason for it , that is to say , that he might not trouble himself with the like observation at another time : and did i think the pamphleter would be ruled again by reason , i could give him another reason for it : that he was now to take his leave of those observations which personally related to the two kings , in their several and distinct capacities : this of king james in sending the articles of lambeth to the convocation of ireland , and the assembly at dort being the last point in which he was concerned in his own particular , without relation to king charles , and not seconded by him . it 's true , we finde them acting afterward in the same design , but in several times ; king james first setting out the declaration about lawfull sports , and king charles seconding the same by a more strict command , to have it punctually observed throughout the kingdome . which giving the occasion to some observations , and those observations occasioning a sharp and uncivill answer in our authors pamphlet ; i shall here take another leap to fetch in those controversies before we do proceed to the examination of the rest that followes : though the debates touching the spreading of arminianism , and the supposed growth of popery , according to the course of time , and the method of our authors history do occur before it . only i must crave leave to hoop in here the duke of york as a considerable member of the royal family , before i close this present chapter . of him our au●hor telleth us in his printed but unpublished sheets , that he was by birth-right duke of york ; but to avoid the scilla of that mistake , he fals into the charybdis of another as bad , telling us in that leafe new printed , ( but not new printed only , if at all , on that occasion ) that he was after styled duke of york . for which , being reprehended by the observator , as one that did accommodate his style to the present times , the gent. seemeth much distressed , and in the agony of those distresses , asks these following questions : 1. how it is possible to escape the observators lash ? 2. what shall an honest historian do in such a case ? fol. 25. in these two doubts i shall resolve him , and resolve him briefly , letting him know , that an honest historian should have said , he was after created duke of york , and not styled so only : and 2. that if our author shewed himself an honest historian , the observator hath no lash for him , and so it will be possible enough to scape it . which said , we shall go on to that grand concernment , in which our author spends his passions to so little purpose . chap. iv. the pamphleters mistake , in making discontinuance equall to a calling in . the uncharitable censure of h. b. and our historian , upon the first and second publishing of their two majesties declarations about lawful sports . the divinity of the lords day not known to mr. fryth , or mr. tyndall , two eminent martyrs in the time of king henry 8. nor to bishop hooper , martyred in the time of queen mary . the opinions of those men , how contrary to this new divinity . this new divinity not found in the liturgies , articles , or canons of the church of england ; nor in the writings of any private man before dr. bound , anno 1595. the observator justified in this particular by the church historian . the authors ill luck in choosing archbishop whitgift for a patron of this new divinity ; and the argument drawn from his authority , answered . an answer to the pamphleters argument from the book of homilies ; the full scope and analysis of the homilie , as to this particular . the pamphleters great brag of all learned men on his side , reduced to one , and that one worth nothing . the book of catechestical doctrine ascribed to bishop andrewes , neither of his writing , nor approved of by him . our authors new book in maintenance of this new divinity . the doctor vindicated from the forgings and falsifyings objected against him by the pamphleter . proofs from the most learned men of the protestant and reformed churches , ( 1 ) that in the judgement of the protestant divines , the sanctifying one day in seven , is not the moral part of the fourth commandement . ( 2 ) that the lords day hath no other ground on which to stand , then the authority of the church . and ( 3 ) that the church hath power to change the day , and to translate it to some other . we are now come unto the business of the lordsday , in which our author sheweth himself a stiffe sabbatarian , taking his rise from the kings declaration about lawful sports , first published by king james at greenwitch , may , 24. anno 1618. and by king charles at westminster , octob. 18. anno 1633. when published first , it raised so many impetuous clamours , as our author told us in his first , that the book was soon after called in ; in which being otherwise informed by the observator , and so far satisfied in the point that the book never was called in , though the execution of it ( by the remisnesse of that kings government ) was soon discontinued , will notwithstanding keep himself to his former error , and thinks to save himself by this handsome shift , that the discontinuance of the execution of it , ( no matter upon what occasion , for he leaves that out ) was a tacite suppressing and calling of it in , fol. 22. this is a piece of strange state doctrine , that the discontinuance of the execution of any law , ordinance , canon , or act of state , should be equivalent unto the calling of them in . our author hath not found it so in the act for knighthood , nor have the subjects found it so in such penal statutes , as having lain dor● 〈◊〉 many years , were awakened afterwards ; nor can it be inferred from hence , that any of the lawes against priests and jesuites are at the present , or have been formerly suppressed , and tacitely call'd in , because by the clemency of king james , the prudence of king charles , and the temper of the present government , there was and is a discontinuance of such executions , as only are to be commended , when they may not , then when they may possibly be spared . what the occasion was in publishing of this declaration , the observator tels at large from the books themselves . but h. b. in his seditious sermon ( most undeservedly ) entituled , for god and the king , gives another reason for the publishing of it by king james , which , being not pertinent to my businesse with our present author , i forbear to mention , that being already canvassed in another place . but the design of the re-publishing of it in the reign of king charles , was by our author in the first draught of his history , as it was sent unto the presse , and printed , though suppressed with others of like nature spoken of before , affirmed to be a plot to gall and vex those godly divines , whose consciences would not vail to such impiety , as to promote the work ; and for the not promoting of it to compell them to desert their stations , and abandon their livings , in which their very vitality and livelihood consisted , fol. 127. then which there could be nothing more uncharitably , or untruly said . this as he makes there the first project of exasperation which archbishop laud and his confederates of the same stamp pitched upon , to let his professed enemies feel the dint of his spirit ; so doth he call it in the king a profane edict , a maculating of his own honour , and a sacrilegious robbing of god. all which , though afterwards left out , declare his willingnesse to make both prince and prelates , and the dependants of those prelates ( the poor doctor of cosmography among the rest ) feel the dint of his spirit ; and pity 't was he was not suffered to go on in so good a purpose . our author having intimated in the way of a scorn or j●ar that the divinity of the lords day , was new divinity at the court ; was answered by the observator , that so it was , by his leave , in the countrey too , not known in england till the year 1595. &c. the observator said it then , i shal prove it now , and having proved it in the thesis , or proposition , will after return answer to those objections which the pamphleter hath brought against it . and first it is to be observed , that this new divinity of the lords day was unknown to those , who suffered for religion , and the testimony of a good conscience , under henry 8. as appeareth by john fryth ( who suffered in the year 1533 ) in a tract by him written about baptism . our fore-fathers , saith he , which were in the beginning of the church , did abrogate the sabbath , to the intent that men might have an ensample of christian liberty , &c. howbeit because it was necessary , that a day should be reserved , in which the people should come together , to hear the word of god , they ordained in stead of the sabbath , which was saturday , the next day following , which is sunday . and though they might have kept the saturday with the jew , as a thing indifferent , yet they did much better . next to him followeth mr. tyndall , famous in those times , for his translation of the bible , for which , and for many of his doctrines opposite to the church of rome , condemned unto the flames ann● 1536. in the same kings reign , who in his answer to sir thoma● more , hath resolved it thus : as for the sabbath , we be lords over the sabbath , and may yet change it into munday , or into any other day , as we see need , or may make every tenth day holiday only , if we see cause why , neither was there any cause to change it from the saturday , but to put a difference between us and the jewes : neither need we any ▪ holy day at all , if the people might be taught without it . the same doctrine publickly defended in the writings of bishop hooper , advanced to the miter by king edward , and by queen mary to the crown , the crown o● martyrdome , in a treatise by him written on the ten commandements , anno 1550. who resolves it thus : we may not think ( saith he ) that god gave any more holinesse to the sabbath , then to the other daies . for if ye consider , friday , saturday , or sunday , in as much as they be daies , and the work of god , the one is no more holy then the other , but that day is alwaies most holy , in the which we most apply and give our selves unto holy works . no notice taken by these martyrs of this new divinity : the first speaking of the observation of the lords day , no otherwise then as an institution grounded on their forefathers , a constitution of the church ; the second placing no more morality in a seventh-day , then in a tenth-day sabbath ; and the third making all daies wholly alike , the sunday no otherwise then the rest . as this divinity was new to those godly martyrs , so was it also to those prelates , and other learned men who composed the first and second liturgies in the reign of king edward , or afterwards reviewed the same in the first year of queen elizabeth , anno 1558. in none of which there is more care taken of the sunday then the other holydaies ; no more divine offices performed , or diligent attendance required by the old lawes of this land upon the one , then on the other . no notice taken of this new divinity in the articles of religion as they were published , anno 1552. or as they were revised and ratified in the tenth year after ; no order taken for such a strict observation of it , as might entitle it unto any divinity , either in the orders of 1561. or the advertisements of 1565. or the canons of 1571. or those which ●ollowed anno 1575. nothing that doth so much as squint toward● this divinity in the writings of any learned man of this nation , protestant ▪ papist , puritan , of what sort soever , till broached by dr. bound , anno 1595. as formerly hath been affirmed by the observator . but because the same truth may possibly be more grateful to our author , from the mouth of another , then from that of the ignorant observator , i would desire him to consult the new church history , writ by a man more sutable to his own affections , and so more like to be believed . about this time ( saith he ) throughout england , began the more solemn and strict observation of the lords day ( hereafter both in writing and preaching commonly call'd the sabbath ) occasioned by a book this year set forth by p. bound dr. in divinity ( and enlarged with additions , anno 1606. ) wherein the following opinions are maintained . 1. that the commandement of sanctifying every seventh day , as in the mosaical decalogue , is moral and perpetual . 2. that whereas all other things in the jewish church were taken away ( priesthood , sacrifices , and sacraments ) his sabbath was so changed as it still remaineth . 3. that there is a great reason , why we christians should take our selves as strictly bound to rest upon the lords day , as the jewes were upon their sabbath , it being one of the moral commandements where all are of equall authority . lib. 9. sect . 20. after this , he goeth on to tell us , how much the learned men were divided in their judgements about these sabbatarian doctrines ; some embraced them as ancient truths consonant to scripture , long disused and neglected , now seasonably revived for the increase of piety ; others conceived them grounded on a wrong bottome , but because they tended to the manifest advance of religion , it was pity to oppose them , seeing none have just reason to complain , being deceived into their own good . but a third sort flatly fell out with these positions , as galling mens necks with a jewish yoke against the liberty of christians . that christ as lord of the sabbath had removed the rigour thereof , and allowed men lawful recreations : that his doctrine put an unequal lustre on the sunday ; on set purpose to eclipse all other holy daies , to the derogation of the authority of the church : that this strict observance was set up out of faction to be a character of difference , to brand all for libertines who did not entertain it . sect . 21. he telleth us fin●lly , that the book was afterwards called in and command●d to be no more printed . the doctrine opsed by the archbishop , and the maintainers of it punished by judge popham ; though by the diligence and counterworking of the brethren it got ground again . this being said , we shall proceed unto the answering of the pamphleters arguments not more remarkable for their paucity , then they are for their weaknesse . he telleth us first that archbishop whitgift in his defence of the answer to the admonition , saith , in the present tense , that the sabbath is superstitiously used by some , and speaks soon after of a sabbath , then commanded by the fourth precept . the pamphleter hereupon inferreth that he could not mean the jewish sabbath , and if not that , it must of necessity be the lords day , fol. 23. here is a stout argument indeed , able to knock down any man which thinks the contrary ; for mark the inference thereof . archbishop whitgift , gives unto the lords day ( in a metaphorical and figurative sense ) the name of sabbath , ergo , which is in english , therefore , it must be kept with all the rigors and severities which were ●equired unto the observation of the sabbath by the law of moses : or therefore , which is in latine ergo , there is as much divinity in the lords day now by whomsoever it was ordained , as had been heretofore ascribed to the sabbath-day of gods own appointing . and then again , the lords day is by him called a sabbath , and said to be there commanded by the fourth precept , therefore there is such a divinity in it as dr. bound ascribes to his lords daies sabbath , according to his articles and petitions laid down . did ever man so argue in a point which he makes to be of so great concernment , or make so ill a choice both of the medium and the author , which he groundeth upon ? first of the medium ; for may we not conclude by the self-same logick that there is a divinity in all the holydaies of the church ; because all grounded on , and warranted by the fourth commandement , as all learned writers say they are ? and that there is a divinity in tithes and churches , because both places set apart for sacred actions , and maintenance also for the persons , which officiate in them , as the pamphleter afterwards alledgeth , are included also in this precept ? if there be a divinity in these , let our author speak out plainly , and plea● as strongly for the divinity or divine institution of tithes and churches , as he hath done ( or endevours to do at least ) for the divinity of the lords dayes sabbath . if none in these , and i conceive our author will not say there is , though grounded on the warrant of the fourth commandement , let him not d●eam of any such divinity in the lords day , because now kept by vertue of that precept also . but worse luck hath the g●nt in the choice of his author , then in that of his medium ; there being no man , that more disrelished and opposed this new divinity of the sabbath , and all the sabbatarian errors depending on it , then this most reverend prelate did , insomuch that he commanded bounds book to be called in , upon the first discovery of the doctrines delivered in it : which cert●inly he had not done , if he had been of the same judgement with that doctor , or had meant any such thing in his defence of the answer to the admonition , which our pamphlete● hath put upon him . assuredly unless the pamphleter had been bribed to betray the cause , and justifie the observator , he would have passed over the debating of this new divinity , or else found more then one man in the space of 36 years ( so long it was from the first of queen elizabeth to the coming out of bounds book ) to have spoken for him ; and such a man , as had not shewed himself so professed an enemy to the newnesse of it , by causing the book to be called in , that the brethren commonly used to say , that out of envy to their proceedings , he had caused such a pearl to be concealed . let us next see what comfort he can finde from the book of homilies , of which he saith , that there was not any thing more especially taught in them , then the divinity of the lords day . this he affirmes , but they that look into that book , will finde many points more specially taught , and more throughly pressed , then this divinity he talketh of ; witnesse those long and learned homilies , upon the peril of idolatry , against disobedience and rebellion ( of these last six at least in number ) besides many others . but if it can be proved at all , no matter whether specially or more specially , that shall make no difference , and that it may be proved he telleth us , that they say [ god in that precept ( speaking of the ●ourth ) commandeth the observation of the sabbath , which is our sunday ] fol. 23. if this be so , and to be understood of such a divinity , or such a divine institution of the lords day , as our author would fain put upon it : first then we must have some expresse warrant , and command from god himself , altering the day , from the seventh day of the week , on which he commanded it to be kept by the law of moses , unto the first day of the week , on which it is now kept by the church of christ . but secondly that homily ( i mean that of the time and place of prayer ) doth inform us thus : that the goldly christian people began to follow the example , and commandement of god , immediately after the ascension of our lord christ , and began to choose them a standing day of the week to come together , yet not the seventh day which the jewes kept , but the lords day , the day of the lords resurrection , the day after the seventh day , which is the fi●st day of the week &c. and thirdly , it is said in the same homily , that by this commandement we ought to have a time , as one day in the week , wherein we ought to rest , yea from our lawful and needful works , &c. which passages being laid together , will amount to this , first that the homilie doth not say that by the fourth commandement we ought to have one day in the week , which is plainly peremptory ; but that we ought to have a time , as one day in the week , which is plainly arbitrary . secondly , that being arbitrary in it self , and so esteemed of by the christians in the primitive times , they thought it good , immediately after christs ●scension , to choose a standing day of the week to come together in , namely the lords day , or the day of the resurrection . not that they were required so to do by the fourth commandement , which limited the sabbath ( the ordinary time of worship ) to the day foregoing ; nor commanded so to do by christ , this choice of the day not being made till after his ascension , and no command of his approving in the holy scripture ; nor finally by any precept or injunction of the holy apostles : of which as the scriptures are quite silent ; so the homilie ascribes it wholly to the voluntary choice of godly christian people , without any mention made at all of their authority . so the then meaning of those words , produced by our author , for the ground of this new divinity , will be only this , that as god rested on the seventh day , and commanded it to be kept wholly by the jewes , so the godly christian people after christs ascension , following his example , and warranting themselves by his authority , did choose a seventh day of the week , though not the same which had been kept holy by the jewes for the day of worship . and this is all we are to trust to for the divinity , or divine institution of the lords day sabbath , from the book of homilies ; neither so positively , nor so clearly rendred , as to lay a fit or sure foundation for so great a building . in the next place , the pamphleter quarrels with the observator , for making it a prodigie and a paradox too , that neither the order nor revenues of the evangelical priesthood , should have any existence , but in relation to the divinity of the lords day . but sir the observator doth not only say it , but he proves it too , and proves it by the authority of the holy scriptures , mentioning the calling of the apostles , of the seventy disciples of s. paul and others to the work of the ministery , and pleading strongly in behalf of an evangelical maintenance , as belonging to them ; at such time as the lords day no such existence , no such divinity of existence , as our author speaks of . in stead of answering to these proofs , the pamphleter telleth us , that there is not a man of note , who treateth of the 4. commandement ( himself especially for one , and the chief one too ) that owneth not this prodigious opinion ; and therefore aske●h , where this observator ha●h been brought up , that this tenet of his , ye● of all learned men , should be so wondred at to be called a prodigie . fol. 23. but the reply to this will be very easie . for first , all the men of note which write upon the 4. commandement , all learned men ( our author too into the bargain ) are no fit ballance for s. paul , nor able to counterpoise the expresse and clear authority of the holy scriptures . and secondly , the pamphleter after his great brag , that all learned men , almost all men of note , which write upon the 4 commandement , are of his opinion , is fain to content himself at the present with only one , and such an one , who though he be insta● omnium with the pamphleter , is not so with me , nor with the observator neither . not that we fail in any part of due honour to that reverend prelate , whose name he useth to make good the point which is in question , but that we think the work imputed to him by the pamphleter to be none of his , never owned by him in his life , nor justified for his by any of relation or nearnesse to him , therefore to undeceive so many , as shall read these papers , they may please to know , that in the year 1583. mr. andrewes was made the catechist of pembrook-hall , for the instruction of the younger students of that house in the grounds of divinity ; that though he was then but a young man , yet his abilities were so well known , that not only those of the same foundation , but many of other colledges in that university , and some out of the countrey also , came to be his auditors ; that some of them taking notes of his lectures as well as they could , were said to have copies of his catechizing , though for most part very imperfect , and in many points of consequence very much mistaken ; that after his coming to be bishop he gave a special warrant unto one of his chaplains , not to own any thing for his , that was said to have been taken by notes from his mouth . and finally that hearing of the coming out of that catechism , as in discourse with those about him he would never own it , nor liked to have it mentioned to him , so he abolished ( as it seemeth ) his own original copy , which they that had command to search and sort his papers could not finde in his study : and though this catechism came out since in a larger volume , yet not being published according to his own papers ( although under his name ) it can no more be said to be his , then many false and supposititious writings foisted into the works of ambrose , augustine , and almost all the ancient fathe●● , may be counted theirs . of all this , i am punctually advertised by an emin●nt person of near admission to that prelate , when he was alive , and a great honourer of him since his death , and have thought fit to signifie as much upon this occasion to disabuse all such whom the name of this most reverend prelate might else work upon : which said , there needs no answer to this doughty argument , which being built upon a ruinous and false foundation , fals to the ground , without more ●doe , as not worth the answering . we see by this that all the learned men which our author brags of , are reduced to one , which one upon examination proves as good as none , if not worse then nothing . but the pamphleter may be pardoned for coming short in this present project , in regard of the great pains he had taken in writing a book of the doctrine of the sabbath , or divinity of the lords day , published in the year 1640. unto which treatise he refers all men who shall desire his judgement in that subject , that book being never yet answered by any , as he gallantly braves it , fol. 24. in this there are many things to be considered . for first it is probable enough that this treatise to which we are referred for our satisfaction , was either so short lived , or made so little noise abroad , that it was not heard of . for had it either moved so strongly , or cryed so loud , that it intituled our author ( the dear father of it ) to any estate of reputation for term of life , as tenant by the courtesie of the gentle reader ; it is not possible , but that we should have had some tale or tidings of it in so long a time , and therefore i conceive that it was still-born , and obscurely buried , and perhaps buried by the man-midwife , i mean the bookseller or printer , who gave it birth , before the godfathers and godmothers , and the rest of the good gossips could be drawn together , to give a name unto the in●ant , or at the best like the solstitial herb in plautus , quae repentino orta est , repentino occidit , withered as soon as it sprang up , and so came to nothing . secondly , if it were not answered , i would not have the gent ▪ think , that it was therefore not answered , because unanswerable ( though he were apt enough to think so without this praecaution ) but for other reasons . for first the year 1640. was a busie year , and brought so much trouble and encumbrance on the english clergy , as gave them neither list nor leisure to answer all impertinent scribbles , which by the liberty of that time , and the audaciousnesse thereby prompted unto severall men , did break out upon them : securi de salute , de gloria certemus , as you know who said . men have small edge to fight for honour , and undertake unprofitable and fruitlesse quarrels , when unsecure of life and safety , and all things else which are most near and dear unto them . but secondly , taking it for granted , that some men were at leisure to attend those services , how may we be assured , that there was any thing in the book which was worth the answering , or that any credit could be gotten from the work or author ? for it is possible enough , that every man might not have such opinion of you , as you say the observator had , who did therefore ( if you judge aright of his intentions ) professe an high esteem of your parts and person , only to make the world believe , that you were worthy the overcoming . and if they did not think so of you , they had all the reason in the world to decline a combate , ubi & vincere inglorium esset , & atteri sordidum , in which to overcome , or to be conquered , is like inglorious . but whatsoever opinion the observator had of you , you have not the like opinion of his alter idem , the doctor in cosmography , as you please to taunt him , whom you accuse , for forging and falsifying a record so boldly , the modest gent. will not say so impudently , and that too not in an idle circumstance , but in the grand concernment of a controversie with spight and calumny enough . and why all this ? marry say you in the second book and 6. chapter , of his history of the sabbath , published in the year 1636. he hath misreported the words of pareus in putting down quomodo for quando , adding withall , in vindication whereof , he never attempted any thing as yet , fol. 24. this i confesse is grave crimen , & ante hoc tempus inaudi●um , a grievous c●ime , the like to which was never charged upon him by his greatest enemies . in answer whereunto , i must tell you for him that being plundred of his books , and keeping no remembrances , and collections of his studies by him , he cannot readily resolve what edition he followed in his consulting with that author . he alwaies thought , that tenure in capite , was a nobler and more honourable tenure , then to hold by copy , and therefore carelesly neglected to commit any part of his readings unto notes and papers , of which he never found such want as in this particular , which you so boldly charge upon him . or were it so as you inform us , both he and i have cause to wonder why our learned author did not rather choose to confute that whole history of the sabbath , then spend his time in hammering some petit tractate ; of which the world hath took no notice ; that being a work , which might have rendred him considerable , and made more noise then all the geese in the capitol to the awakening of the dull doctor , and the drowsie clergie : or if he thought this task too great , and the burden too heavie for his shoulders ; why did he let these falsifyings and forgings sl●p 20 years together , and never call to an accompt for it till this present time , when it may justly be supposed , that not your zeal unto the truth , but secret malice to his person did ex●ort it from you ? thirdly , i am required to tell you that if there be such a mistake in the citation , which he more then doubts , it was not willingly and wilfully committed by him , and therefore not within the compasse of those forgings and falsifyings which you tax him with . for he would fain know cui bono , or cui malo rather , to what end , whether good or bad , he should use those forgings or falsifyings , in that author , when he was compassed about with a cloud of witnesses , attesting positively and plainly to the point in hand ; or what need there should be of practising on pareus to appear fair for him , when more then a whole jury of learned and religious men , as learned and as good as he , had given up their verdict in the case ? now that this may appear to be so indeed , and that withall the re●der may understand the true state of the question , i will lay down that section which the pamphleter doth refer us to , together with the next before it and the next that followes , and so submit the whole controver●ie to his better judgement . this only is to be premised , that the 5. section shews , that the reformators found great fault , both with the new doctrine of the papist , about the natural and inherent holinesse , which they ascribe to some daies above the rest , and the restraints from labour on the lords day and the other holy daies ; upon which it followeth in these words , viz. ( 6 ) indeed it is not to be thought , that they could otherwise resolve and determine of it , considering what their doctrine is of the day it self ; how different they make it from a sabbath day : which doctrine , that we may perceive with the greater ease , we will consider it in three propositions , in which most agree : 1. that the keeping holy one day of seven , is not the moral part of the fourth commandement , or to be reckoned as a part of the law of nature . 2. that the lords day is not founded on divine commandement , but only on the authority of the church ; and 3. that the church ●ath still authority to change the day , and to transfer it to some other . first for the first , it seems that some of rome ( considering the restraints before remembred , and the new doctrine thence arising , about the natural and inherent holinesse , which one day had above another ) had altered what was formerly delivered amongst the schoolmen : and made the keeping of one day in seven , to be the moral part of the fourth commandement . this calvin ( instit . l. 2. c. 8. 11. 34. ) chargeth them withall , that they had taught the people in the former times , that whatsoever was ceremonial in the fourth commandement , which was the keeping of the jewes seventh day , had been long since abrogated : remanere vero quod morale est , nempe unius diei observationem in hebdomade , but that the moral part thereof , which was the keeping of one day in seven , did continue still . which what else is it , as before was said , then in dishonour of the jewes to change the day ; and to affix as great a sanctity thereunto , as the jewes ever did ? as for his own part he pro●esseth , that howsoever he approved of the lords day meetings : non tamen numerum septenarium ita se morari , ut ejus servituti ecclesias astringeret ; yet stood not he so much for the number of seven , as to confine the church unto it . if calvin elsewhere be of another minde , and speak of keeping holy one day in seven , as a matter necessary ; ( which some say he doth ) either they must accuse him of much inconstancy , and forgetfulnesse ; or else interpret him , with rivet ( in decalog . ) as speaking of an ecclesiastical custome , not to be neglected ; non de necessitate legis divinae ; and not of any obligation layed upon us by the law of god. neither is he the only one that hath so determined . simler ( in exod. 20. ) hath said it more expresly , quod dies una cultui divino consecratur , ex lege naturae est ; quod autem haec sit septima , non octava , nona , aut decima , juris est divini sed ceremonialis : that one day should be set apart for gods publick worship , is the law of nature , but that this day should be the seventh , and not the eighth , ninth or tenth , was not of divine appointment , but ceremonial . aretius ( loc. 55 ) also in his common places distinguished between the substance of the sabbath , and the time thereof : the substance of it , which was rest , and the works of piety , being in all times to continue ; tempus autem , ut septimo die observetur , hoc non fuit necessarium in ecclesia christi , but for the time , to keep it on the seventh day alwaies , that was not necessary in the church of christ . so also francisc . gomarus , that great undertaker against arminius , in a book written purposely , de origine & institutione sabbati , affirms for certain , that it can neither be made good by the law of nature , or text of scripture , or any solid argument drawn from thence , unum è septem diebus ex vi praecepti quarti ad cultum dei necessario observandum , that by the fourth commandement , one day in seven is of necessity to be dedicated to gods service . and rivet as profest an enemy of the remonstrants , though for the antiquity of the sabbath , he differeth from the said gomarus ; yet he agreeth with him in this : not only making the observance of one day in seven , to be meerly positive , as in our first part we observed ; but laies it down for the received opinion of most of the reformed divines , vnum ex septem diebus non esse necessario eligendum , ex vi praec●pti , ad sacros conventus celebrandos ; ( in exod. 20. p. 190. ) the very same with what gomarus affirmed before . so lastly for the lutheran churches , chemnitius makes it part of our christian liberty , quod nec sint allegati , nec debeant alligari ad certorum vel dierum , vel temporum observationes , opinione necessitatis in novo testamento , &c. that men are neither bound , nor ought to be , unto the observation of any daies or times , as matters necessary , under the gospel of our saviour : though otherwise he account it for a barbarous folly , not to observe that day with all due solemnity , which hath for so long time been kept by the church of god. therefore in his opinion also , the keeping of one day in seven , is neither any moral part of the fourth commandement , or parcel of the law of nature . as for the subtle shift of amesius ( medull . theolog . l. 2. 15. ) finding , that keeping holy one day in seven , is positive indeed , sed immutabilis plane institutionis , but such a positive law , as is absolutely immutable ; & doth as much oblige , as those which in themselves are plainly natural and moral : it may then serve , when there is nothing else to help us . for that a positive law should be immutable in it self ; and in its own nature , be as universally binding as the moral law ; is such a piece of learning , and of contradiction , as never was put up to shew in these latter times . but he had learnt his lirry in england here ; and durst not broach it but by halves amongst the hollanders . ( 7 ) for the next thesis , that the lords day is not founded on divine commandement , but the authority of the church : it is a point so universally resolved on , as no one thing more : and first we will begin with calvin , who tels us ( institut . l. 2. c. 8. n. 3. ) how it was not without good reason , that those of old , appointed the lords day , as we call ●it , to supply the place of the jewish sabbath . non sine delectu dominicum quem vocamus diem , veteres in locum sabbati subrogarunt : as his words there are . where none , i hope , will think that he would give our saviour christ , or his apostles , such a short come off , as to include them in the name of veteres only : which makes it plain , that he conceived it not to be their appointment . bucer resolves the point more clearly : ( in mat. 12. ) communi christianorum consensu dominicum diem publicis ecclesiae conventibus ac requieti publicae dicatum esse , ipso statim apostolorum tempore ; viz. that in the apostles times , the lords day by the common consent of christian people , was dedicated unto publick rest , and the assemblies of the church . and peter martyr upon a question asked , why the old seventh day was not kept in the christian church ; makes answer , that upon that day , and on all the rest , we ought to rest from our own works , the works of sin . sed quod is magis quam ille , eligatur ad externum dei cultum , liberum fuit ecclesiae per christum ut id consuleret quod ex re magis judicaret : nec illa pessime judicavit , &c. ( in gen. 2. ) that this was rather chose then that , for gods publick service , that , saith he , christ left totally unto the liberty of the church , to do therein what should seem most expedient ; and that the church did very well , in that she did prefer the memory of the resurrection , before the memory of the creation . these two i have the rather thus joyned together , as being sent for into england in king edwards time , and placed by the protector in the universities , the better to establish reformation , at that time begun : and doubt we not , but that they taught the self-same doctrine ( if at the least they touched at all upon that point ) with that now extant in their writings . at the same time with them lived bullinger , and gualter , two great learned men . of these , the first informs us , hunc diem , loco sabba●i , in memoriam resurgentis domini delegisse sibi ecclesias . ( in apoc. 1. ) that in memorial of our saviours resurrection , the church set apart this day , in the sabbaths stead , whereon to hold their solemn and religious meetings . and after , sponte receperunt ecclesiae illam diem ; non legimus eam ullibi praeceptam . that of their own accord , and by their own authority , the church made choice thereof for the use aforesaid ; it being no where to be found that it was commanded . gualter ( in act. apost . hom. 13 ) more generally , that the christians first assembled on the sabbath day , as being then most famous , and so most in use : but when the churches were augmented , proximus à sabbato dies , rebus sacris destinatus , the next day after the sabbath was designed to those holy uses , if not before , then certainly not so commanded by our saviour christ : and if designed only , then not enjoyned by the apostles . yea beza , though herein he differ from his master calvin , and makes the lords day meetings , apostolicae & verae divinae traditionis , ( apoc. 1. 10. ) to be indeed of apostolical and divine tradition : yet being a tradition only , although apostolical , it is no commandement . and more then that , he tels us in another place ( in act 20. ) that from st. pauls preaching at troas , and from the text , 1 cor. 16. 2. non inepte colligi , it may be gathered not unfitly , that then the christians were accustomed to meet that day ; the ceremony of the jewish sabbath , beginning by degrees to vanish . but sure the custome of the people makes no divine traditions ; and such conclusions , as not unfitly may be gathered from the text , are not text it self . others there be , who attribute the changing of the day to the apostles ; not to their precept , but their practise . so mercer ( in gen. ) apostoli in dominicum converterunt , the apostles changed the sabbath to the lords day . paraeus attributes the same apostolicae ecclesiae , unto the apostolical church , or church in the apostles times : quomodo autem facta sit haec mutatio , in sacris literis expressum non habemus : but how , by what authority such a change was made , is not delivered ( as he confesseth ) in the scripture . and john cuchlinus , ( in thesib . pag. 733. ) though he call it consuetudinem apostolicam , an apostolical custome ; yet he is peremptory , that the apostles gave no such commandment : apostolos praeceptum reliquisse , constanter negamus . s. simler ( de festis chr. p. 24 ) cals it only consuetudinem tempore apostolorum rec●ptam : a custome taken up in the apostles time . and so hospinian , although , saith he , it be apparent , that the lords day was celebrated in the place of the jewish sabbath , even in the times of the apostles ; non invenitur tamen vel apostolos , vel alios , lege aliqua & praecepto , observationem ejus instituisse : yet finde we not , that either they , or any other did institute the keeping of the same , by any law or precept , but left it free . thus zanchius ( in 4. praecept . ) nullibi legimus apostolos , &c. we do not read , saith he , that the apostles commanded any to observe this day : we only read what they and others did upon it ; liberum ergo reliquerunt : which is an argument , that they left it to the churches power . to those adde vrsin in his exposition on the fourth commandment , ( in catech. palat. ) liberum ecclesiae reliquit alios dies eligere , that it is left unto the church , to make choice of any day ; and that the church made choice of this , in honour of our saviours resurrection : and so aretius in his common places : christiani in dominicum transtulerunt : that by the christian people the sabbath was translated to the lords day . gomarus and ryvet , in the tracts before remembred , have determined further , viz. that in the choosing of this day , the church did exercise as well her wisdome , as her freedome : her freedome being not oblig●d to any day , by the law of god : her wisdome , ne majori mutatione judaeos offenderet ; that by so small an alteration , she might the lesse offend the jewes , who were then considerable . as for the lutheran divines : it is affirmed by dr. bound , that for the most part they ascribe too much unto the liberty of the church , in appointing daies for the assembly of the people : which is plain confession . but for particulars ; brentius , as dr. prideaux tels us , cals it civilem institutionem , a civil institutionem , and no commandement of the gospel : which is no more indeed then what is elsewhere said by calvin , when he accounts no otherwise thereof , then ut remedium retinendo ordini necessarium , as a fit way to retain order in the church . and sure i am , chemnitius tels us , that the apostles did not impose the keeping of this day as necessary upon the consciences of gods people , by any law or precept whatsoever : sed libera fuit observatio ordinis gratia ; but that for orders sake , it had been voluntarily used amongst them , of their own accord . ( 8 ) thus have we proved by the doctrine of the protestants , of what side soeever , and those of greatest credit in their several churches , eighteen by name , and all the lutherans in general , of the same opinion ; that the lords day is of no other institution then the authority of the church : which proved the last of the three theses . that still the church hath power to change the day , and to transfer it to some other : will follow of it self , on the former grounds : the protestant doctors before remembred , in saying that the church did institute the lords day , as we see they do ; confessing tacitely , that still the church hath power to change it . nor do they tacitely confesse it , as if they were affraid to speak it out : but some of them in plain terms affirm it , as a certain truth . zuinglius , the first reformer of the switzers , hath resolved it so , in his discourse against one valentine gentilis , a new arrian heretick ( tom. 1. p. 254. a. ) audi mi valentine , quibus modis & rationibus , sabbatum ceremoniale reddatur . hearken now valentine , by what waies and means the sabbath may be made a ceremony : if either we observe that day which the jewes once did , or think the lords day so affixed to any time , ut nefas sit illum in aliud tempus transferre : that we conceive it an impiety , it should be changed unto another ; on which , as well as upon that , we may not rest from labour , and hearken to the word of god : if perhaps such necessity should be , this would indeed make it become a ceremony . nothing can be more plain then this : yet calvin is as plain ; when he professeth , that he regarded not so much the number of seven , ut ejus servituti ecclesias astringeret , as to enthral the church unto it . sure i am , doctor prideaux ( in orat. de sab. ) reckoneth him , as one of them , who teach us , that the church hath power to change the day , and to transfer it to some other . and that john barclaie makes report , how once he had a consultation , de transferenda dominica in feriam quintam , of altering the lords day unto the thursday . bucer affirmes as much , as touching the authority : and so doth bullinger , and brentius , vrsine and chemnitius , as doctor prideaux hath observed . of bullinger , bucer , brentius , i have nought to say , because the places are not cited ; but take it , as i think i may , upon his credit . but for chemnitius , he saith often , that it is libera observatio , a voluntary observation ; that it is an especial part of our christian liberty , not to be tyed to daies and times , in matters which concern gods service ; and that the apostles made it manifest by their example , singulis diebus , vel quocunque die : that every day , or any day , may by the church be set apart for religious exercises . and as for vrsine , he makes this difference between the lords day and the sabbath ( catech . qu. 103. 2. ) that it was utterly unlawful to the jewes , either to neglect or change the sabbath , without expresse commandment from god himself , as being a ceremonial part of divine worship : but for the christian church , that may design the first , or second , or any other day to gods publick service ; so that our christian liberty be not thereby infringed , or any opinion of necessity or holinesse affixt unto them . ecolesia vero christiana primum , vel alium diem , tribuit ministerio , salva sua libertate sine opinione cultus vel necessitatis ; as his words there are . to these adde dietericus , a lutheran divine , who , though he makes the keeping of one day in seven , to be the moral part of the fourth commandment ; yet for that day , it may be dies sabbati , or dies solis , or quicunque alius , sunday , or saturday , or any other , be it one in seven . ( som. 17. post trinit . ) and so hospinian is perswaded : dominicum diem mutare , & in alium transferre licet , &c. that if the occasions of the church do so require , the lords day may be changed unto any other : provided it be one of seven ; and that the change be so transacted , that it produce no scandal or confusion in the church of god. nay , by the doctrine of the helvetian churches , every particular church may destinate what day they please to religious meetings , to publick prayers , preaching the word , and ministring the sacraments . for so they gave it up in their confession ( cap. 2. ) deligit ergo quaevis ecclesia sibi certum tempus ad preces publicas , & evangelii praedicationem , nec non sacramentorum celebrationem . and howsoever for their own parts , they kept that day , which had been set apart for those holy uses , even from the time of the apostles ; yet , that they conceived it free , to keep the lords day , or the sabbath ; sed & dominicum , non sabbatum , libera observatione celebramus . some sectaries since the reformation , have gone further yet , and would have had all daies alike , as unto their use , all equally to be regarded : and reckoned that the lords day , as the church continued it , was a jewish ordinance ; thwarting the doctrine of s. paul , who seemed to them to abrogate the difference of daies , which the church retained . this was the fancie or the frenzie rather of the anabaptist , taking the hint perhaps from something which had formerly been delivered by some wiser men ; and after them , of the swinckfieldian , and the familist : as in the times before , of the petro-brusians , and ( if waldensis wrong him not ) of wicklef also . by this it will appear , that the doctor had no reason to forge and falsifie pareus , as the pamphleter saith he did , when the whole current of protestant and reformed divines do affirm that point for which paraeus is produced . a greater vindication needs not in a case so clear ; and sooner had this vindication been made , if this foul charge had sooner come unto his ears . the pamphleter findes fault with the observator , in that he did not , viva vo●e , by conference , or by letters , hint those mistakes to him which were found in his history , as fit considerations for a second impression . fol. 44. the dr. findes the same fault in him , by whom he stands accused of forging and falsifying a record , and thinks it would have represented him to be a man of more christian , yea moral principles , to have given him a private admonition touching that mistake ( if it prove such upon the search of all editions , then lay so soul a charge upon him in so great a controversie . by this it also will appear , 1. that in the judgement of the protestant divines , the sanctifying one day in seven , is not the moral part of the 4. commandement . 2. that the lords day hath no other ground on which to stand , then the authority of the church . and 3. that the church hath power to change the day and to transfer it to some other . crack me these nuts my most learned sir , and when you have broke your teeth about them , as i doubt you will , throw me your never-yet-answered piece of 640. and if the doctors eyes and leisure will not serve to do it , 't is ten to one but i will finde some friend or other that shall kick you an answer . chap. v. our authors opinion touching the divine right of episcopacy ; and his intention doubted in it . bishops and presbyters not alwayes of equivalent import in holy scripture . proofs that the word bishop in the first of tim. c. 3. is taken properly and restrictively , drawn , 1. from the word there used in the singular number . 2. from his fitness for government . 3. from the hospitality required in him ; and 4. from his being no novice , but of longer standing in the church . presbyters there included , under the name diaconi , more properly in that place to be rendred ministers . the like acceptions of the word in other places . proofs that the author speakes his own opinion under that of others ; 1. from the word asserted , which is here explained . 2. from some passages in the published and unpublished sheets . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not rendred senior ( as the pamphleter would fain have it ) in all learned authors . the word presbyter fitter to be used then elder in our english translations . mr. selden no good friend to bishops , and the reason why . the reason why king charles his testimony in behalf of episcopacy was not produced by the observator . the pamphleters rage , for being said to make episcopacy but a thing of indifferency ; that so he must be understood proved from the history it self , and the weak arguments brought by the pamphleter to the contrary ; an answer to those arguments . having thus vindicated the declarations of the two kings about lawfull sports , satisfied the objections of the pamphleter , and cleared the dr. from the forgings and falsifyings , so maliciously imputed to him ; and therewithall layed down the true state of the controversie , touching the lords day , out of the writings of the most learned men of the protestant and reformed churches : it is high time we should proceed to the rest that follows , and free the bishops and their actions , from those odious calumnies , which are charged upon them . our author fol. 36. and 37. hath not unhandsomely stated the whole point of episcopacy , ascribing a divine right to it , and thinks it as demonstrable out of scriptures , as any thing whatsoever not fundamentall . that there was a prelacy or superiority , of some one over other presbyters , within some certain walks and precincts ; that this superiority was appointed by the very apostles , to be exemplary , and to give law to succeeding times . concerning which and many other good expressions , which follow after , i may justly say , as bellarmine did of calvin in another case ; viz. vtinam sic semper errasset , would he had never erred otherwise , then he doth in this . only i could have wished , that for the better clearing of his own intentions , and satisfaction unto others , he had exprest himself more fully as to this particular , viz. whether the superiority of such persons over such presbyters in the church apostolique , was fixed in them during life ; or that passed from one to another in their severall turns like the m●deratorship , in the generall assembly of the kirk of scotland , or the chair-man , in the conferences , and debates of councell in the rest of the calvinian churches . for if he mean in this last sense , as i hope he doth not , episcopacy is no more beholding to him , then it was to beza ; who notwithstanding he maintained a party of ministers without any fixed superiority which one may claim above another , yet he allows a moveable presidency to be not unusuall , nor unfrequent in the very times of the apostles . and yet that some such secret meaning may be gathered from him by such as have a minde to interpret all things to their own advantage , will be made not improbable by his standing to this proposition , that there is no place in holy text , wherein presbyters import not bishops , and bishops presbyters . considering therefore that he still stands to his former principle , that bishops and presbyters in scripture phrase are of equivalent import , and denote the self same persons without the least distinction , and requireth it of the observator , or of any man else 36. to tell him where such persons in holy text , are distinguished so really , that a bishop doth not import a presbyter , and a presbyter doth not import a bishop . i think my self as much concerned as the observator , to make answer to it . first , then say i , that though those words may be sometimes , though but rarely used promiscuously , the word presbyter denoting a bishop , and the word bishop importing nothing but a presbyter , yet that more frequently and in other places they are used in a more limited and distinct sense , as in times succeeding . and 2. i say that the word episcopus , 1 timothy 3. 2. and the description of a bishop which is therein made , is meant of a bishop truly , and properly so called , according as the word was used and appropriated by the antient writers , and not appliable to the presbyters or inferior ministers . for proof whereof , i shall offer some few considerations , out of the text it self , leaving them to the judgement of the sober and intelligent reader . and first , st. paul speaks of a bishop in the singular number , but of inferiour ministers in the plurall . one church , or city , though it had many presbyters , had one bishop only . and therefore we may reasonably conceive , that the apostle speaking of a bishop in the singular number , speaks of him in his proper and true capacity , as one distinguished from , and above the presbyters . 2. the apostle seemeth to require in him an act of government , as being a man , that is to take care of the church of god : and thereupon gives order for an inquisition to be had upon him , whether he hath ruled his house well , &c. a charge of too transcendent , and sublime a nature , to be entrusted unto every common presbyter , or discharged by him , who as our hooker well observeth , though he be somewhat better able to speak , is as little able to judge as another man. and if not fit to judge , no fit man to govern . 3. st. paul requireth in a bishop , that he be given to hospitality , i. e. that he receive the stranger , entertain the native , and in a word , admit all comers . hierom doth so expound it , saying , that if a lay-man entertain but two or three , hospitalitatis officium implebit , he hath exceeding well complyed with all the rules of hospitality ; episcopus nist omnes receperit , inhumanus est , but that the b●shop is accounted a churle or niggard , if his house be not open unto all . which howsoever it might possibly agree in those antient times to the condition of a bishop , who had the keeping and disposing of the churches treasures ; yet i can see no possibility , how it could be expected from the presbyters , that out of his poor pittance from the sportula , he should be able to perform it . for i believe not that the lord intended to work miracles daily , as in the lengthning and increasing the poor womans oyle . fourthly and lastly , it is required by st paul , that his bishop must not be neophytus , a novice , as our english reads it , and exceeding rightly ; that is , as chrysostom , and out of him theophylact expound the word : one newly catechized as it were , lately instructed in the faith. now who knoweth not , but that in the beginnings of the church , some of these new plants , these neophyti , must of necessity be taken into holy orders , for the increase and propagation of the gospel ? the presbyters were many , but the bishops few . and therefore howsoever there must be found sufficient standards , upon the which to graffe a bishop ; yet i can hardly finde a possibility of furnishing the garden of the church , with a fit number of presbyters , unless we take them from the nurserie . it then it be demanded , whether st. paul hath utterly omitted to speak of presbyters , i answer no ; but that we have them in the next paragraphe , diacones similiter ; which why it should not comprehend the presbyters , and all inferior ministers under the degree of bishops ; i can see no reason , there being no qualification requisite in or to the presbyter , which is not found in the apostles character of these diaconi . and though the word in our last translation , be rendred deacons : yet in our old translation , and in that of coverdale , we read it ministers , according to the generall and native meaning of the same . an exposition neither new , nor forced . not new , for calvin doth acknowledge alios ad presbyteros referre episcopo inferiores , that some referred those words to presbyters , subordinate or inferiour to the bishop . not forced , for if we search the scriptures , we shall there perceive , that generally diaconus is rendred ministers , and that not only in the gospel , before that deacons had been instituted in the church of god ; but also in st. pauls epistles , after the planting of the church , when all the officers therein had their bounds and limits . thus tychicus is called , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a faithful minister , eph. 6. 26. and col. 4. 7. and so is epaphras entituled , col. 1. 7 , &c. and hereunto i shall further add , that i can see no convincing reason why the episcopi , and deacons , or the bishops and deacons mentioned in the first words of st. pauls epistle to the philippians , may not be understood of the bishops ( properly so called ) of philippi and the bordering cities , and of the presbyters or inferiour ministers under their authority . not to say any thing of the subscription of the epistle to titus , and the 2. to timothy ; in which the word bishop is taken in this proper and limited sense , because ( whatsoever opinion i have of them ) the pamphleter perhaps may not think them to be authentick . next that the word presbyter is used sometimes in the same strict , and limited sense , as it denotes a person inferiour to the bishop , and subject unto his authority aud jurisdiction , appeareth plainly , by that text in the first of timothy , c. 5. v. 19 , 20. where it is said , adversus presbyterum accusationem noli recipere , &c. against a presbyter , and elder ( as our english reads it ) receive not an accusation , but before two or three witnesses . but if they be convicted , them that sin rebuke before all , that others also may fear . in the declaring of which power , i take for granted , that the apostle here by elder doth mean a presbyter , according to the ecclesiastical notion of that word , though i know that chrysostom , and a●ter him theopbylact and oecumenius , do take it only ●or a man well grown in years . and then the meaning of st. paul will be briefly this , that partly in regard of the devils malice , apt to calumniate men of that holy ●unction ; and partly to avoid the scandal which may thence arise ; timothy , and in him all other bishops should be very cautious in their proceedings against men of that profession . but if they finde them guilty on examination , then not to smother or conceal the matter , but censure and rebuke them openly , that others may take heed of the like offences . the commentaries under the name of ambrose , do expound it so , quoniam non facile credi debet & presbytero crimen , &c. because a crime or accusation is not to be credited against a presbyter ; yet if the same prove manifest and undeniable , st. paul commandeth that in regard of his irregular conversation , he be rebuked and censured publiquely , that others may be thereby terrified . and , saith he , non solum ordinatis sed & plebi proficit , will not be only profitable unto men in orders , but to lay people al●o . herewith agreeth , as to the making of these elders to be men in orders , the comment upon that epistle a●cribed to jerome . presbyters then are subject unto censure ; but to whose censure are they subject ? not unto one another surely , that would breed con●usion , but to the censure of their bishop . see to the same purpose also epiphanius adversus haeres . 75. n. 5. and theophylact upon the place ; not to say any thing of lyra and some others of a later standing . and in this limited sense , i understand those presbyters ordained by st. paul in many of the churches of his plantations , whom we finde mentioned in the acts ; some of which he afterwards made bishops , and over other placed such bishops as he thought most fit . thus having satisfied our author , in telling him where presbyters import not bishops , and bishops presbyters ; we next proceed to answer those objections which are made against the observator . and first , it is objected , that our author doth not at all deliver his own opinion in this particular , but what many did then assert , fol. 35. to which i answer , first , that our author puts the opinion down so savourly , and with such advantages , as any man would easily take it for his own , or at the least , that he himself was also of the same opinion . this not improbably to be gathered from the word assered , which plainly intimates that those many whom he speaks of did not only affirm or say , that bishops and presbyters in scripture phrase were of equivalent import , &c. but had proved it too . for thus be understands the word in another place , where speaking of the bishop of lincolne , he telleth us that he published a book , asserting positively , that the holy table was to stand in gremio or nave of the quire , fol. 137. by which if he means only a bare affirming of the thing , it then signifies nothing , and concludes as little to his purpose . for the word assero ( if he be critick enough to understand the true meaning of it ) not only signifieth simply to affirm , or say , but to confirm that affirmation , and make good that saying . once for all take this out of ovid in his metamor . lib. 1. at tu , si modo sum coelesti stirpe creatus , ede notam tanti generis , meque assere coele . that is to say , but if i be descended from above , by some known signe , make good my birth from jove . 2. though he tells us that if the observator had not been an ill looking fellow , he might with half an eye have discerned , that he doth not at all deliver his own opinion in this particular ; but i have a bird in a corner which singeth the contrary . for fol. 137. of the printed but unpublished papers , it is said expresly that the truth contended for , touching the right on which the hierarchy was founded was ( as his late majesty hath ( no man better ) sufficiently demonstrated ) to be awarded to the prelates ; which speaks more plainly for episcopacy , then the reservedness of your last expressions , which in your pamphlet you have given us for your full sense in this controversie , enough ( you say ) to satisfie spirits of the most modest and sober temper . fol. 37. but in the book as it comes published to our hands , these words are totally left out , which shews as plainly , that you have either altered your opinion ( if you ever were of that opinion ) or else for fear of offending the weak brethren , dare not own it now . what meaneth else , this bleating of the sheep in mine ears , and the lowing of the oxe which i hear ? as you know who said ; that is to say , your placing episcopacy amongst those things of indifferency , for the establishing whereof , to exact an oath , was ( as you say hist . fol. 185. ) an aff●ont to the very fundamentals of government ; your positive declration , that the truth contended for , between the bishops and those of the puritans party , lay then so deep as few had perspicacity enough to discern ti . f. 185. adding in your unpublished sheets , that in the generality of votes , the bishops were much worsted in that contest ; which layes a greater prejudice upon them , then you found them in ; your quarrels with the observator , for disproving the identity or sameness of name , of ordination , of office , &c. which is affirmed to be in presbyters and bishops without any distinction , telling him that his arguments are nothing ad rem , and clear besides the cushion , fol. 36. which layed together , make up a clearer and fuller evidence , that you are but half episcopall , and the worst half too , then all the fine flourishes you have given us in the present pamphlet can perswade to the contrary . your next quarrel with the observator , is a meer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a strife and quarrell about words , because forsooth he doth not like that the word presbyter , when it signifieth one in holy orders , should be rendred elder . to which the pamphleter objects , that all latine expositors , and greek lexicons , translate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 senior , fol. 25. what all expositors , all without exception ? so i hear you say , and so you must be thought to mean too , in case you have not here ( as elsewhere ) your most secret intentions . what think you of the author of the vulgar latine , a man as learned i believe , as any of those whom you have consulted in the point ? yet he translateth not the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ( when it is used to signifie a man in orders ) by that of senior , but by that of presbyter ; as , et cum constituissent illis per singulas ecclesias presbyteros , &c. act. 14. 23. qui be●e praesunt presbyteri , &c. 1 tim. 5. 17. adversus presbyterum accusationem noli admittere , 5. 19. as on the other side , when the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is used to signifie a man in years , and not in orders , he rendreth it by senior , and not by presbyter-seniorem increpaveris , sed obsecra ut patrem , 1 tim. 5. 1. and this is that which the observator faulted in our english translators , viz. that they did not keep the word presbyter , as the latines did , which in short time would have been as familiar to an english ear ( in the ecclesiasticall notion of it ) as those of bishop or of deacon , being both of them greek of the same originall , whereas the word elder being of ambiguous sense , hath given occasion to the factiousness of the troublers of israel , to grub up by the roots those goodly cdars of the church the bishops , and plant their stinking elders in the place thereof . but you go on and say , that you believe it will puzzle the observator , to finde any one who ever interpreted senior by priest , fol. 35. but gentle sir , the observator never told you that it was so rendred ; so that you need not trouble him to prove what he never said , or charge him with any vast difference in this particular from dr. heylyn , unless you can finde in him , that the antients did not call the minister of the sacrament of the altar , sometimes presbyter , elder , and sometimes sacerdos , priest , as i think you cannot . if you come off no better in your other criticismes , then you do in this , your best way were to keep your self to plain grammar learning , & leave my lady philology to more learned mercurists to whom contracted by martianus capella , before you made love to her . you quarrel next with the observator , first , for bringing in mr. selden amongst his lay champions for episcopacy , who ( as the pamphleter saith ) seems clear of another minde , in his book de synedriis , where he extols salmasius , and wal● massalinus ( both enemies to the episcopal order ) a note above ela for their pains in this argument , &c fol. 37. but had the observator been observed here , as he should have been , he might have found that the learned mr. selden is not brought in by him , as a champion ●or bishops , but as not totally against them . and this he proves by the retortion made to mr. grimstons double argument in the house of commons . the observator knew as well as the pamphleter , that mr. selden was no friend to bishops , as constituted and established in the church of england ; and he knew too , which perhaps the pamphleter doth not , what moved him to appear against them , when by the complexion of affairs , he might safely do it . for being called before the high commission , and forced to make a publique acknowledgement of his error and offence given unto the church , in publishing a book entituled the historie of tithes , it sunk so deep into his stomack , that he did never after affect the men , or cordially approve the calling , though many wayes were tryed to gain him to the churches interest . the pamphleters quarrels against church-men ( perhaps as good a man as himself , or , i am sure , as true ) i shall defer unto a time and place more proper ; keeping my self here to those he hath with the observator . and the next quarrel is , that he findes not king charles amongst his assertors for episcopacy . of whose performance in that argument he makes indeed a very fair and ingenuous declaration , fol. 38. though all that he hath said can add nothing to him . but sir , if you will look but with half an eye on the observations , you will finde there , that in the naming of his lay champions as you call them , he made choice of such only , as were not likely to be suspected of partiality , men no wayes interessed ( but onely by their good affections ) in the churches quarrels . according to which choice , he could not make use of that royall pen , which gave the deaths wound to henderson in the town of new-castle , and foyled the presbyterians in the isle of wight . it was the interess of king charles to maintain episcopacy , as one of the chief supporters of the regall throne . no bishop , no king , the known old maxime of king james , in the sad events thereof , hath been found propheticall . and therefore if the observator had produced his testimony , the pamphleter might have objected ( as perhaps he would ) that the kings judgement was corrupted by partiality , and swayed with interess , which rendred him no fit witness in the present tryall . and to say truth , if all be oracle which com●s from the deserts of cyrene , there is good reason for saving all advantages of exception , against the testimony of that king , had it been produced . the pamphleter telling us , that he did not only employ the pen , but took up the bucklers in good earnest to defend episcopacy , fol. 38. but sir , who told you in good earnest , that his majesty either drew the sword , or took up the bucklers in that quarrell , or on that occasion ? his majesty in all his messages , and declarations , professed solemnly , that he was forced to take up armes to preserve himself : his forts , castles , royall navy , and the militia of the kingdome , being taken from him . his negative voice denyed , his magazine at hull employed against him , his faithfull servants threatned under the name of evill counsellors , and nothing left unto him but the name of a king. episcopacy not so much as touched on for a ground of that quarrel ; nor was there reason why it should . the king by former acts had yielded up their place and vote in the house of peers , and abrogated the coercive power of their jurisdiction : that which remained being then thought so inconsiderable , that in the 19. propositions , containing the whole demand of both houses , the abolition of episcopacy was not touched upon . so that there is not any thing more fals , then that the king took up the bucklers to defend episcopacy . but i know well enough what the author aims at . the wars designed by this king against the scots , is by our pamphleter in his historie , called the bishops wars , and he hath layed some grounds here , to have the long wars raised in england , called by that name also , the bishops war , no doubt of that , if he should fortune to go on with the rest of the story . of which the reader may take notice , and our author too . his last quarrel with the observator , with reference to the point of episcopacy , is that he makes our author take it for granted , that the government of the church by bishops is a thing of indifferency , and thereupon was much agrieved that the clergy should binde themselves by oath not to consent to any alteration of it . on this occasion the pamphleter flies out against them with no less violence and fury , then tully against cataline in the open senate , crying in these great words , quousque abuteris patientia nostra , how doth this observator provoke us ? assuredly the gentleman is extreamly moved ; his patience much off the hinges , & patientia laesa fit furor , as the saying is . one cannot tell what hurt or mischief he may do us now he is in this rage and fury , and therefore peace for the lords sake , harry , lest he take us , and drag us back , as hercules did cacus . t is best to slip a side a while and say nothing , till his heat be over , and the man in some temper to be dealt with ; and then we will not fear to tell him , that his own words shall be the only evidence we will use against him . the introduction which he makes to his discourse against the oath required by the new canons instruct us , that many asserted in good earnest , that bishops and presbyters in scripture phrase were of equivalent import , and denoted the self same persons , without the least distinction , &c. that thereupon , the prelates seeing their deer palladium so deeply concerned , and heaved at , did first cause the press to swarm with books , setting forth the right upon which episcopacy was founded ; and finding how little this advantaged them , they took measure from their professed adversaries the generall assembly of scotland , and by their example framed the oath as an anti-covenant . this is the substance of the preamble to those objections , but that i would not stir the mans patience too much , i had called them cavils , which our author makes against that oath , that some things were expresly to be sworn to which were never thought to have any shew or colour of sacred right , but were conceived arbitrary , and at the disposition of the state ; and to exact an oath of dissent from civill establishments , in such things of indifferency , was an affront to the very fundamentals of government . now the oath being made for maintenance of the doctrine and discipline , or government , established in the church of england , the doctrine being confessed on all sides to be signanter , and expresly pointed at , and the discourse driving at the government of the church by bishops ; who can conceive but that his argument or objection must tend that way also , and that episcopacy must be reckoned in the number of those things of indifferency for which there was no reason to require the oath ? and though the pamphleter would fain have it that episcopacy is not in those things of indifferency , but excluded rather , yet this will do him as small service , as the press when it was said to have swarmed with books , had done the bishops . for first he doth not say that episcopacy was not pointed at , at all , in those things of indifferency , but not signanter and expresly ; our author keeping a reserve , or secret intention to himself , upon al occasions . nor doth it help him , secondly , to say , that the things there spoken of are such , as never had any shew or colour of sacred right , whereas episcopacy in the very account of its adversaries , hath some colour and shew of it , fol. 39. where first , he pleadeth but very coldly for episcopacy in giving it only some shew and colour which all heresies , enthusiasticks , and fanaticall fancies , all that have set up any other government , papall , anarchicall , presbyterian , do pretend unto . and secondly , it is not true , hath any such colour or shew in the account of its adversaries . episcopacy , as it stood in the primitive times , being by beza called humanus , and diabolicus , as it stood in these latter ages . an humane invention in the first , a diabolicall institution in the last times of the church ; and therefore questionless without any shew or colour of sacred right . nor doth he help himself much by the little army raised out of the northampton and kentish forces under the command of the lord digby ; which is so far from putting the matter out of all dispute in the sense he meaneth , that it rather doth conclude against him . for if the northampton-shire and kent exceptions limit themselves to arch-bishops , arch-deacons , &c. our author certainly is to blame in these two respects : first , that he did not limit his things of indifferency as they did before him ; and secondly , that speakin such generall termes as he should think to help himself in the postfact by their limitations . t is true , the history rendreth the lord digby as friend to episcopacy , when the london petition came to be considered of in the house of commons , before which time he had begun to look toward the court , but telleth us not that he was so in the very first openings of the parliament , when the oath required in the canon was in most agitation . and this i hope is fair for a senior sophister ( as you please to call the obfervator ) who could have pressed these answers further , but that the gentlemans patience must not be abused , nor himself provoked . we must take care of that , though of nothing else . and so much for ou● authors flutterings in the point of episcopacy ; we will next see , whether the persons be as pretious with him , as the calling is . chap. vi. the light excuse made by the pamphleter for our author in pretermitting bishop bancroft : not bettered much in shewing the differences , between the doctrine of st. augustine and calvin . our authors learned ignorance in the word quorum . the observator cleared from foisting any thing into the text of the history ; with our authors blunderings in that point . the disagreement between the comment and the text in the unfortunate accident of archbishop abbot . foisting returned upon the author , no injury done to bishop andrewes by the observator . of doctor sibthorps sermon , and whether the archbishop were sequestred from his jurisdiction for refusing to license it . the pamphleters nice distinction between most and many , in the repairing of st. pauls , and that these many did keep off in reference to the work it self . the war against the scots not to be called the bishops war ; not undertaken by the king in defence of their hierarchy , nor occasioned by archbishop laud. the scots rebellion grounded upon some words of the king touching abby-lands in the beginning of his reign ; hammered and formed , and almost ready to break out before the liturgy was sent to them . the archbishop neither the principal nor sole agent in revising that liturgie . good counsels not to be measured by successe . on what grounds the liturgie was first designed to be sent to the scots . disusing implies not an abrogation . abeiance what it is in the common law. the communicants by what authority required to come unto the ray●e to receive the sacrament . the 82. canon explained and regulated by the kings declaration , anno 1633. the pamphleters ipse dixit no sufficient ground for his london measure . our author satisfied in placing the communion table altar-wise , and adoration toward the east ; the liberty granted by the church in the last particular . the bishops charged with the undiscreet practise of some private persons . the gloria patri an epitome of the apostles creed . why kneeling is required at the saying of gloria in excelsis . the pamphleters &c. our author miserably out in the meaning of the statute 1. eliz. c. 2. that statute opened and expounded , in the case alledged . the pamphleter in danger of the statute by out-running authority . his excellent proof that standing at the gloria patri had been obtruded by the bishops anno 1628. because inquired into in bishop wrens visitation anno 1636. the pamphleter confuted by our author , and our authors panegyrick by himself . the clergie freed from doctrinal popery by our author himself . the scandal since given unto the church by bishop goodman . from episcopacy passe we to the bishops , where the first thing we meet with is the rectifying of a mistake about archbishop whitgift , whom our author had made the predecessor penultime , or next predecessor but one to archbishop laud. this he confesseth for an error , but puts it off , not as a want of diligence ( he will by no means yeeld to that ) but a lapse of memory , fol. 35. a priviledge which if all other writers of history should pretend unto as frequently as our author doth , we should finde little truth among them , and not much assurance of any thing upon which to rest : this not being the first time in which our author hath been forced to use this remedy , as in these words ( as is beforesaid ) is here acknowledged . we had the same excuse before in the mistake about marriage of the one king , and funeral of the other , as also in that hysteron proteron in placing the synod of dort before that of ireland ; so that by this time this defence must needs be worn as threed bare as the observators coat , fol. 37. of dr. abbot , the immediate predecessor to archbishop laud , the historian telleth us , that he was stifly disciplined in the doctrine of st augustine , which they who understand it not call calvinism . charged for this by the observator , and some points produced in which calvinism and the doctrine of st. augustine , do extremely differ ; he answereth that he makes them not to be all one in all concernments , but only in opposition to the massilian and arminian tenets , fol. 23. and this i look on as another of our authors priviledges , who when he hath given us any things in general termes , thinks all is well if he can make it hold good in a few particulars . whereas if he had limited his proposition to those points alone , and told us that he was stifly principled in that part of st. augustines doctrine , which was in opposition to the tenets before remembred , there had been no occasion given to the observator to except against him . but the best is , that seeming to make a question of that which is out of question , viz. whether st. augustine and calvin differ in the point of episcopacy , he telleth us , that they differ in the point of the sabbath or lords day , which is more then the observator had observed , and for which we thank him . in the story of the sequestration of archbishop abbot , there are four mistakes noted by the observator , 1. that in the commission granted to the 5 bishops bishop laud is said to be of the quorum . 2. that the declared impulsive cause of it was a supposed irregularity . 3. that this supposed irregularity was incurred upon the casual killing of the keeper of his ( the archbishops ) game . and 4. that the irregularity is said to be but supposed only , and no more then so . to this the pamphleter first answereth in his usual way , that he should keep his own supposititio●s foistings at home , and that by the same art of jugling his own words into the text , he that made them four , might have made them four hundred , fol. 10. why so ? because ( saith he ) i never said that bishop laud was of the quorum more then any other , but only that he was of the quorum , meaning thereby that he was one of the five . auditum admisse risum teneatis amici ? can any man hear this fine stuffe and abstain from laughter ? such a ridiculous piece of intelligent non-sense , as might make heraclitus grin , and put democritus into tears , producing contrary operations on their several humours . i thought before i read this passage , our gent. had been one of the right worshipful of the bench , in comission for the peace at least , if not one of the quorum but i see now that he is not so well skilled at it , as a justices clerk. did the man ever hear of any commission in which five or more persons were nominated , of which one or two are named to be of the quorum , and by that word understand , with such an abundant want of understanding , that nothing more was meant in it , but that the said one or two , were to be of the number ? confident i am ( and i think may confidently say it ) that we have not had such a learned piece of ignorance , since jack maior of brackley being by his place a justice of the peace , and one of the quorum by the publick charter of that town , threatned to binde a poor countrey fellow ( who had carried himself somewhat sawcily to him ) not only to the peace , but to the quorum too . passe we on to the next that followes . and there , or no where , we shall finde one of those many supposititious foistings which are charged upon the observator . the historian having said that the archbishop was sequestred from his function , and a commission granted by the king to five bishops ( bishop laud being of the quorum ) to execute episcopal jurisdiction within his province ; addes presently in the very next words , that the declared impulsive to it , was a supposed irregularity in him by reason of a homicide committed by him per infortunium &c. can any intelligent reader understand otherwise by these wo●ds , but that the impulsive to this sequest●ation , whatsoever it was , was declared , or supposed to be declared in that commission ? for who but the king , that granted the commission , should declare the impulsive causes to it ? or wh●r● else should they be declared but in that commission ? yes , saith the pamphleter , the king granted the commission , and common fame , our author , or i know not who , declared the impulsives to it . what pity 't is our author had not served seven years to the clerk of the crown , before he undertook the history of a king of england , that so being better versed in all kinde of commissions he might the better have avoided these ridiculous errors which he falleth into ? and yet this is the only thing , namely , that the irregularity or supposed irregularity of the said archbishop , was not touched upon in the commission as the impulsive cause unto it ; for which not one alone , but many ( no man knoweth how many ) supposititious foistings are charged with so much noise and clamour on the observator . somewhat more modestly in the third , but with as little thought of rectifying any thing , as in those before . told by the observator , that the person whom this archbishop so unfortunately killed , was not the keeper of his own game , but a keeper of the lord zouches in bramzill park ; he acknowledgeth his error in it , fol. 44. and yet not only keeps it in the text of his new impression , as before it was ; but stands unto the truth of it in the very same pamphlet , fol. 11. and this he stands to on the authority of aulicus c●quinariae , and mr. prynne ; men elsewhere of no credit with him , though here they be , but both mistaken in this point on uncertain hearsay . confessed for an error in the pamphlet , because upon a further inquiry he could do no otherwise ; justified for no error in the very same pamphlet , because he must not yeeld ( as inconsistent with his credit ) to be out in any thing ; and finally retains still , in the text of the history , because he loves not to walk single in those paths of error , but must have many followers for the greater state. the fourth thing noted by the observator , namely , that some pio●s and learned men being nominated and elected bishops , refused to be consecrated by him , in regard that they conceived that there was more incurred by that misadventure , then a supposed irregularity only , is by the pamphleter passed over ; in place whereof he foists in another , which he thinks may be more easily answered , that is to say , his vouching bishop andrewes for a vin●icator of the archbishops regularity , fol. 11. might i not here f●ll foul upon the pamphleter , and pay him home in some of his own billingsgate language , for falsifying so boldly , i will not say so impudently ( as you know who did ) the plain and manifest words of the observator ; who is so far from vouching this amongst the rest of his errors , that he affirmes it to be true , that the learned bishop andrewes ( as our author telleth us ) did do the archbishop very great service in this businesse . here is no fair dealing in this to begin withall , and far more sophistry then ingenuity in the rest that followes . for though the whole scope of that commission , was to inquire into the matter of fact , and to resolve whether the archbishop ( notwithstanding that mischance ) was regular or not regular , as the pamphleter tels us , fol. 11. yet bishop andrewes in the executing of that commission , might proceed with favour , and was not bound to presse the point to the utmost extremity , when he saw what further inconveniencies might ensue upon it . that learned bishop might do this , and did really do it , without drawing blame upon himself , or being belied in it by the observator , as in the ordinary eloquence of the pamphleter he is said to be . but stay a while , we have another impulsive found out for this irregularity , and found out chiefly ( as it seems ) because the observator so dislikes the other , fol. 46. and yet i trow the observator never manifested any such dislike , as to the cause impulsive of his ( the archbishops ) irregularity ; no such matter verily , but only shewed that the unfortunate accident which our author speaks of , was not the declared impulsive cause in the commission for sequestring him from his jurisdiction , and granting it to the five bishops which are therein named , as indeed it was not . the impulsive cause it might be , though not there declared ; the commission only saying in the general , that the said archbishop could not at that present , in his own person , attend those services , which were otherwise proper for his cognizance and jurisdiction ; not rendring any certain impulsive cause , whereby he was conceived uncapable of performing his office . and now what new impulsive will he give us in exchange for the other ? marry he telleth us , that though it was not publickly declared , yet it was by knowing men in those affairs beheld as the reall and genuine cause of this commission ; that the arch-bishop had refused to license dr. sibthorps book , fol. 47. the book here meant , was a sermon preached at no●thampton by that doct●r before the judges of assize anno 1627 ▪ and after printed with the name of apostolical obedience . a sermon made of such a temper , that if our author be in the right , and mr. prynne be not in the wrong , it hath pleased all parties . refused to be licensed by archbishop abbet , as our author telleth us , though he doth not tell the reasons of it ; but if it were refused to be licensed by him , it was because it had too much of the court , as tending partly to the justification of the generall l●an which was then required of the the subjects . not suffered to be licensed by bishop laud , because it had too little of the court , till some passages which seemed offensive in it touching the profanation of the sabbath , and toleration of popery ( as we are told by mr. prynne ) had been first expunged . but whatsoever the sermon was , the archbishops refusal to license it ( if it were brought to him to be licensed ) could be no such crime , as to draw after it both his removing from the court , and sequestring from his jurisdiction , if other things of greater moment had not then concurred . passe we unto the next archbishop , of whom , being then bishop of london , our author telleth us , that many had no fancy to the work ( the repairing of st. pauls church ) meerly because he was the promoter of it . but the contrary being proved by the observator , most of the clergy , nobility and gentry , contributing very largely to it , because he promoted it , he only answereth , that many , and most , may be consistent , and that many may be opposite to the major vote , fol. 21. but proveth not that any of those many , did dislike it in respect of the the bishop , or that it was not rather disliked by them in regard of the work , which was there proved from a base and scurrilous passage in bastwicks letany . and to this last , our very author himself hath hinted somewhat in his history , fol. 124. where he affirmes , that some did not forbear to cry , what needs this cost to decore a superstitious relique ? this the chief cause , why the work went so slowly forward , that at length the distempers of the state spoiled the temper of the mortar , as our author there . next look upon him as archbishop , in which capacity we shall finde him made by our historian , a principal occasion of the scottish war ; reproved by the observator for calling the war against the scots , the bishops war , he now stands to it that it was , and might be so called for these reasons following : first , because not the covenanters only , but many an english protestant did so call it also , fol. 30. some english protestants ! i beleeve not so . the english protestants were otherwise perswaded of it , though the puritans were not , and 't was the english puritan , not the english protestant , who joyned with the covenanters in scotland in the main design , and gave it consequently the name of the bishops war. he asketh us secondly , if it were not a war undertaken at first for defence of their hierarchy . which question being equivalent to an affirmation , doth amount to this , that the war was first undertaken in the bishops quarrel , and in defence of their order . this is well said indeed , if it were well proved ; but this the pamphleter doth not prove , i am sure he cannot : the king who best knew the reasons of his taking armes , and published a large declaration of the proceedings of the scots , imputes the causes of the war to their continuing the assembly at glascow when by him dissolved , ejecting such of the clergy , as had refused to subscribe to the acts thereof , then commanded to do , suspended and repealed lawes without his authority , putting the subjects into armes , seizing upon his forts and castles , and intercepting his revenues . all which , or any one of which might have moved the king to undertake a war against them , without consulting with our author how to bring the poor bishops into that engagement , and make it rather seem their quarrell , then the kings own interesse , which inforced him to it . but he saith thirdly , that one of that order ( he means the late archbishop of canterbury ) was the main cause of that war , by introducing the liturgie amongst them , and thereupon he doth conclude , that the war which the archbishop occasioned , and which was entred into for maintaining that hierarchy , may , he hopes , without offence , be called the bishops war. and now we are come to that we looked for , a very pretty tale indeed , and one of the finest he hath told us ; none of the hundred merry tales , nor such a tale as made his lordship wondrous merry , which we had before , but a new canterbury tale , and the esquires tale too . our author , a more modederate and sober gent. then the pamphleter is , hath told us , that the kings demand of the abby lands in scotland , in the first year of his reign ( made by the observator ) was the true cause of the war , and the bug-words spoke by the scottish lords on that occasion , first generated a mutuall and immortal distance between them , which being in the unpublished sheets , fol. 18. is seconded in the book now extant , where we are told that those discontents ( upon which the war was after grounded ) did break out in scotland , anno 1633. four years before the liturgie was commended to them ; that the next year after , these discontents began to contract a little more confidence in his absence , and to attempt his patience by a most malicious plot against his fame , as preambulatory to another against his person : that the first work and operation in the method of sedition , being to leaven the masse of the peoples mindes with mischievous impressions , they first whispered and instilled into them close intelligence of some terrible plot against their liberties ; and after sent abroad a venemous libel , in which amongst other things , they suggested formidable fictions of his tendency to the romish belief , fol. 133. and finally , that for the liturgie ▪ it self , there was a purpose in king james , to settle such an one amongst them , as might hold conformity with that of england ; and that king charles in pursuance of his fathers purpose , gave directions to the archbishop of canterbury , the bishop of ely , and to divers bishops of that kingdome , to revise , correct , alter , and change as they pleased , the liturgie compiled in his fathers time ; and finally , that the book so altered , was by the king sent by the counsel of that kingdome , with order to proclaim the reading of it upon next easter day , fol. by this we see that sacriledge and rapine was the first ground of these discontents , these discontents brake out into sedition , and that sedition ended in an open war , to which the introducing of the liturgie could not be a cause , though it might be made use of by those factious and rebellious spirits for a present occasion : and so much is confessed by the pamphleter himself , in that there was no doubt , but many of them had other then religious designs , as hoping to obtain that honour and wealth in a troubled state , which they were confident they should never arrive at in a calm , fol. 31. adeo veritas ab invitis etiam pectoribus erumpit , said lactantius truly . by this it also doth appear , that the arch-bishop had not the sole hand in the scotish liturgie , the book being revised by many , by the kings directions , and sent by him to the lords of his councell in that kingdome , with order and command to see it executed accordingly . but the best is , that the pamphleter hath not only his tale ready , but his tales master too , fathering it on the ingenious author of the elenchus motuum , in which he findes the arch-bishop named for the main cause of introducing that liturgie among the scots , and that he did it spe quidem laudabili , eventu vero pessimo , with a good intent , but exceeding ill success , fol. 30. i have as great an esteem for the author of that book ( whosoever he was ) as any pamphleter can have of him ; but yet could tell him of some things in which he was as much mistaken as in this particular , but since the pamphleter hath made that authors words his own , and seems to approve of the intent , though the success proved not answerable ; i shall only put him in mind of a saying in ovid , viz. — careat successibus opto , quisquis ab eventu facta notanda putat . that is to say , ill may he prosper in his best intents , that measures counsels by their sad events . but to satisfie both the pamphleter , and the ingenuous author by him alleadged , i shall say somewhat here of the business of the scotish liturgie , which is not commonly observed , and tends both to the justification of the king himself , and of those whom he intrusted in it . know then that when the scots required aid of queen elizabeth ( in the beginning of their reformation ) to expell the french , they bound themselves by the subscription of their hands to embrace the form of worship , & other rites and ceremonies of the church of england . religionis cultui , & ritibus , cum anglis communibus , subscripserunt , as buchannan , their own historian , and no friend unto the anglican church , informs us of them . but being cleared of the french forces , and able to stand on their own legs , they broke their faith ( t is hard to say they ever kept it ) in this particular , and fell on those extemporary undigested prayers , which their own fancies had directed , or were thought most agreeable to knoxes humour . the confusion , inconveniencies , and sad effects whereof being well known to king james , he thought himself concerned ( i will not say obliged ) to bring them back again , to that first subscription ; or to commend such a liturgie to them , as might hold some conformity with that of the church of england . to this end having restored the bishops , and setled the five articles of perth , as necessarie introductions to it , he gave order to the bishops , and the rest of the clergy then assembled , to compose a liturgie for that church , desiring it might be as near the english forms as they could conveniently . wherin as he did little doubt of their ready obedience , so questionless , it had been finished by the sitting of the next assembly , if the long and dubious expectation of the match with spain , and the kings death not long after had not layed it by . so that king char. had not only the general subscription of the nation never yet lawfully reversed , but the order of king james registred in the acts of the general assembly , to proceed upon ; and he proceeded on it accordingly , as soon as by the coronation , and the ensuing parliament he had given contentment to that people . and therefore they who can conclude that the liturgie first grounded on their own subscription , designed by their own generall assembly , revised by their own bishops , and confirmed by their own naturall and native king , was or could be the ground of their taking armes ( for i must not say the scots rebelled , though the irish did ) may by the same logick conclude as well , that the doctrine of luther , was the cause of the insurrections of the boors in germany , or that tenterden steeple was the cause of goodwins sands . we left the late arch-bishop acquitted ( as we hope ) from being a principal occasion of the scotch war , we must next free him and the rest of the bishops from introducing innovations , popery , arminianisme , and i know not what . and first , our author told us of him , that be tampered to introduce some ceremonies bordering up on superstition , disused by us , and abused by them , that is to say , by those of rome . and being told by the observator , that if they were disused only , they were still in force , as appeared by the case of knighthood ; the pamphleter answered thereunto , the word disused doth not at all imply , that those ceremonies were in force , but rather layed aside by the reformators , observing how much they were abused by the church of rome , and therefore not fit to be retained , fol. 33. a piece of law like this we had in the former chapter , where the pamphleter had broached this doctrine , that the discontinuance of the execution ( that is to say , of the declaration of king james about lawfull sports ) was a tacite suppressing and calling of it in . to that we referre the reader for an answer to this . i adde now only by the way , and ex abundanti , that many things may be in abejance ( as your lawyers phrase it ) which are not utterly lost , and irrecoverable , but carry with them a hope or longing expectance , that though for the present they be in no man , yet be in the hope and expectation of him who is next to enjoy them . for as the civilians say of haereditas jacens , that goods and lands do jacere whilst they want a possessor , and yet not simply because they lately had one , and may shortly have another ; so the common lawyers do say , that things in like estate are in abejance . thus dr. cowell hath defined that word in his interpreter . and this i take to be the case of those antient ceremonies , which were reduced into the church by the arch-bish . though a while disused : and this may serve for answer to the last objection of this pamphleter in the present point , viz. that things abused may be lawfully restored to the primitive use ; but then it must be ( saith he ) by lawfull authority , and in a lawfull manner . which rule of his i hold to be undoubtedly true in the proposition , but of no use at all in the application , the arch-bishop having in himself a lawfull power of restoring such antient rites and ceremonies , as had been formerly disused only , and not also abrogated , and what he had not in himself , was made up by the kings authority , of which more anon . but next our author tells us of this arch-bishop , that he commanded in his metropoliticall visitation , that the communion-table which formerly stood in the midst of the church or chancell , should be placed at the east end , upon a graduated advance of ground with the ends inverted , and a wooden traverse of railes before it . to which the observator answereth , that the king had given sufficient authority to it , a year before the visitation which our author speaks of , in the determination of the case of st. gregory church , november 3. 1633. the pamphleter hereunto replyeth , that by the arch-bishops out-running authority , he intended not , his placing the communion table altar-wise , at the east of the chancell ( so then we have gained that point , if nothing else ) but by enjoyning a wooden traverse of railes to be set before it , and commanding all the communicants to come to it to receive the sacrament , fol. 27. which said , he makes a long discourse to prove that by the queens injunctions , and the 82. canon , the table is to be placed within the church or chancell , that the communicants may in greater numbers receive the sacrament , which is best done ( saith he ) when the table is in the body of the church or chancell . and against this , or in defence of setting railes before the table , so as the communicant should come up to those railes to receive . he is sure , that there is no such thing in the declaration , not a syllable that tends that way . these colworts have been boyled already , served in , and set by the bishop of lincolne on his holy table ; so that there needs no other answer , then what we finde in the antidotum lincolniense , chap. 7. and therefore i referre him thither for his satisfaction . but since he hath appealed to the declaration ; to the declaration he shall go . in which it is expresly said , that for asmuch as concerns the liberty given by the said common book or canons , for placing the communion table in any church or chappell with most conveniency ; that liberty is not so to be understood , as if it were ever left to the discretion of the parish , much less to the particular fancy of any humorous person , but to the judgement of the ordinary , to whose place and function it doth properly belong to give direction in that point , both for the thing it self , and for the time , when and how long as he may find cause . so that his majesties declaration leaves it to the power of the ordinary ; and the archbishop as chief ordinary enjoyneth the table to be placed at the east end of the chancell , and the communicants to come up to it to receive the sacrament ; to which the adding of a rail as a matter of decency , and for keeping off disorders and profanations , is but as an accessary . but he hath one more fling at the observator , by which he is like to get as little as by that before . the observator telleth us , that the arch-bishop proceeded in his visitation according to his majesties declaration above mentioned , made the year before anno 1633. and this saith he is london measure , and he proves it stoutly , because , i say ( this must be understood as speaking in his own proper person ) metropoliticall visitation was 1635. and therefore the declaration being made , 1633. cannot be said to have been made the year before , but by london measure , fol. 27. what a pythagoras have we here , with his ipse dixit ; if not the whole man , yet the soul at least of that grave philosopher , transfused into our authors body by a metempsuchosis . i say it , therefore nothing truer , nothing to be replyed against it . but good sir , not so fast , let a poor man speak and he wi●l tell you , if your mastership will hear him out , that though perhaps the metropoliticall visitation was not held till the year 1635. in those parts and parishes , in which you served , as one of the e●ders of the vestry , yet i am very well assured , that it was held in other places of the kingdome , and more particularly ( if my memory deceive me not ) in all the counties or arch-deaconries , of the diocess of lincoln , anno 1634. which was the next year after the declaration , without making any such london measure as you sport your self with . wee must next see how far the rest of the bishops were concerned in those innovations . they were first charged with the audacious obtruding of divers superstitious ceremonies , as erecting of fixed altars , and dopping and cringing towards them . but in the pamphlet we hear nothing of these fixed altars , or against placing the communion table altar-wise , at the east end of the chancell ; the author seeming so far satisfied , that he sees not now any out-running of authority in that particular . and he is so far satisfied also out of his own knowledge in the m●numents of most pure antiquity , which the observator had appealed to , that bodily adoration and worshipping toward the east , was an antient custom of the primitive church , of which he grants that there is evidence enough in the antient writers : adding that as it was antient , so he could not say it was illaudable in them , and might be tolerable in us , as he conceiveth , were all men satisfied in the decorum of it ; or a liberty left to those who are still dubious of the lawfulness thereof , to forbear it , fol. 17. in this we both agree , none better . antient , laudable , and tolerable , who can wish for more ? yes , liberty to be left those who are dubious of it , either to use it or not use it , according to the light of their understanding . that if we do not grant him , we shall not deal so friendly with him as he hath deserved . let him therefore consult the 7. canon of the year 1646. in which the church commending the reviving of this antient laudable custome to the serious consideration of all good people ( and not obtruding it on any ) concludeth the whole with this desire , that in the practise or emis●ion of this rite the rule of charity prescribed by the apostle may be observed , which is , that they that use this rite , despise not them who use it not , condemn not those who use it . and in requitall of this kindness , i shall not stick to allow of his discourse ensuing , about the not using of such words and names , by the ambiguity whereof not easily discerned in ordinary discourse , any thing may seem to be intended not consonant to the christian faith , according to that golden saying of reverend saint augustine , which is cited by him . but now comes in the naughty cow of frier richard of roughton , which gave a good meals milk with one heel ( it should seem a bull rather then a cow , by the lowing of it ) and kicks it down with the other . for he telleth us that for dopping or cringing to , or towards the altar or holy table , as oft as they approached to , or retreated from it , which was oft practised by some indiscreet pretenders to conformity with the primitive church , he finds not the least trace thereof in any genuine author , of the first 500 years , fol. 17. let us indulge him this also for his former kindness , yet what makes this unto the purpose ? the bishops stand accused ( whether before the committee or not , is all one to me ) of an audacious obtruding of new rites and ceremonies , and in particular of this cringing to , or towards the altar , or holy table . this is the charge , a very heavy charge indeed , and but lightly proved ; the charge is of obtruding ; but the proof of practising ; the obtruding charged upon the prelates , but the practise layed on some indiscreet pretenders to conformity with the primitive times ; who if they did it on their own heads , and had no warrant for it from their superiours , let them stand or fall unto themselves . but that the children should eat sowre grapes , and the fathers teeth should be set an edge , is such a manner of proceeding , as neither proverb , law , nor gospel , can give countenance to . the next innovation , affirmed to be obtruded by the bishops , is standing up at the gloria patri , to which the observator answered , that the rubrique of the church requiring us to stand up at the creed , obligeth us by the same reasons to stand up at the gospels , and gloria patri , the gospels being the foundation of the creed , as gloria patri is the abstract and epitome of it . what saith the pamphleter to this ? marry he first askes the theologaster ( the dr. or the observator 't is no matter which ) of what creed the gloria patri is by him said to be the epitome ; and then resolves it of himself , that it is not that of the apostles , at which the rubrick enjoyned us to stand up , because there are in that creed some other points , which relate not the doctrine of the trinity , fol. 18. but good sir have a little patience , and i will pay you all . in the mean time take this for earnest or in part of payment , that though that creed containeth the profession of our faith , in some other points , then those of the father , of the son , and of the holy ghost , included summarily in the gloria patri ; yet are they all reducible to that part of the creed , as being the repetition of such signall benefits , as redound to us by the death and resurrection , of the son , our most blessed saviour , or communicated to us by the influences of the holy ghost . so that if this be all you have to object against us , we may stand up at the gloria patri , and stand up at it by the authority of that very rubrick , which requireth our standing at the creed . but then he telleth us not long after , that as standing is not improper ( we are glad to hear that howsoever ) so is it not a posture peculiar to the action of doxologie and glorifying god , as is evident by our church , which sometimes ( as in our communion service ) requireth it from our knees , fol. 19. an objection easie to be answered . the observator no where saith that standing is a posture peculiar to the gloria patri , as not to be communicated to any other part of divine worship , it being practised at the gospels , and required at the creed , and so the first part of this objection falls without more ado . and 2. though the communion book require kneeling in the people , when gloria in excels●s , is said or sung by the priest ; yet is not this required unto it as it is a doxologie , a giving of glory unto god , but as it is an invocation on christ our saviour to have mercy on us , and to receive those prayers which are offered to him . and kneeling doubtless is the most proper posture in the act of prayers , required therefore in all such as receive the sacrament , because it is given them with a prayer by the priest or minister . that many things may be retained in a church reformed , ex vi catholicae consuetudinis , especially , where there is no rule to the contrary . the pamphleter alloweth well enough with a bene , bene ; but sayes withal that it is litle to the purpose , there being in the act of uniformity a vae or woe , to him who shall willingly use any other rite or ceremony , &c. then is set forth in the book of common prayer , fol. 19. i thought our author had been such an enemy to all etcaeteras , because of the mysterious import , as you know who said , which they carry with them , especially in a law or canon , that no such sham●full thing ( for he calls it somewhere a shamefull &c. if my memory fail not ) should have been found in all his writings ; but i see he can make use of them when there is occasion ; and that too in the citing of a law or statute , which , as he saith , doth binde all men to a strict conformity to the very letter of it . i finde by this , that our author is better at the bar then upon the bench ; not so much studied in the querks and quorums of a commission , as in the ferreting and fingring of a statute-law , in which no barrester of them all , no not the utter barrester of lincolns inne is to be named the same day with him . for what an argument had here been for mr. prinne , if he could have seen so far into this mill-stone of the law , as our author can , against bowing at the name of jesus ; no where appointed in the rubricks of the publique liturgie , but first retained , ex vi catholica● consuetudinis , required afterwards by the queens injunctions , and finally by the canons of 603. neither of which could stand before the face of an act of parliament , if produced against them . what a brave argument could our author have hinted and held forth to harry burton ( never the princes tutor sir , you are out in that , though honoured by you with that title in the sheetes unpublished ) against standing up at the holy gospels , had he been consulted in the case , as he should have been ? against how many men might he have brought his action in the times of conformity , for standing up at the athanasian and nicene creeds , at the te deum , benedictus , and the other hymnes ? all trespasses against this statute , which binds all men ( as we are told by this man of law ) to a strict conformity to the very letter of it . but the best is , there is no such thing in all that statute , as our author speaks of , no vae or woe to him , who shall willingly use any other rite , or ceremony , &c. then what is set forth in the book of common prayer . the statute speaks of parsons , vicars , or other whatsoever ministers , that ought or should sing or say the common prayer , or minister the sacraments ; enjoyning such ( under the penalties therein mentioned ) not to use any other rite , ceremony , order , form , or manner of celebrating the lords supper openly or privily , or mattens , evensong , administration of the sacraments , or other open prayer , then is mentioned and set forth in the said book . nothing in this to restrain men from using any one or none single rites or ceremonies , which had been formerly in use , and against which there is nothing directed or commanded in the publique rubricks , no such matter verily ; but a command , that no man in the quality of a man in orders , shall use any other rite , ceremony , order , form , or manner of celebrating the lords supper , or officiating the morning and evening prayer ; it is then the whole form and order of celebrating divine offices which is here required , and not the restraint from using any one single rite or ceremony , other then such as are contained in that book . for were it otherwise to expound or understand , none but such men as were enabled to officiate , the publique liturgie , had been restrained from using any such rites , or ceremonies , as were here cut off with an &c. the people being left at liberty to use such rites and ceremonies , &c. as they had a minde to without any vae or woe at all , or any penalty whatsoever in that statute mentioned ; unless it may be granted , as i think it will not , that every person so offending , is or may be possessed of some spiriturall benefices and promotions , of which to forfeit one whole years profits for the first offence . nor doth the statute speak ▪ of such , who shall willingly use any other rite or ceremony , &c. ( our man of law is out in that too , as in all things else ) but of such only as shall willfully and obstinately stand in the same . and i conceive our author is so good a ●ritick in a plain piece of english , as to understand the difference between the doing of a thing willingly , and standing obstinately and wilfully to it after it is done . had any of these things been found in the observator , he had been told of forging and falsifying the record , and i know not what . but in our author it is only one of those piae fraudes which necessarily conduce to the advancing of the holy cause , and so let it goe . i might expect a fee of my author for this point of law , whom otherwise i finde like enough to have entangled himself in the danger of that statute , pleading so strongly as he doth for stand●ng not only at the gospels , but also at the epistles and second lessons ; though neither the rubricks of the liturgy , nor any canon of the church do require it of us . his following maxime , that standing is the most proper posture of attention , i like wondrous well ; and i like better , that he saith it becometh him not , to have his hat on , when his lord and master speakes to him , fol. 19. but for all , i would have him take a speciall care , lest whilst he thus zealously pursueth order , he out-run authority , as we know who did . for certainly the canon which he built upon will not bear him out in it against the statute , if the statute were to be so expounded , as to restrain the use of all rites and ceremonies , not specified and appointed in the book of common prayer , as he told us lately . for though genuflexion or bowing of the knee cannot be done ( saith he ) but in a stationary posture , yet men that sit may tender due and lowly reverence at the name of jesus , by the humble bowing of their bodies , and testifie by that sign and gesture , their inward humility , christian resolution , and due acknowledgement that the lord jesus christ , the true and eternall son of god , is the only saviour of the world , &c. as in the 18. canon of 603. but one good turn requireth another . the pamphleter in requitall , shall advise the observator , not to be too confident , in saying , he was sure , that standing at the gloria patri , was never obtruded by the prelates ; for fear there should prove some flaw in his assurance , whosoever was of his counsell in it , fol. 18. this is a friendly admonition , and i shall make the best use of it accordingly . but how doth he weaken this assurance , and abate this confidence ? marry because in bishop wrens articles framed for the diocess of norwich , sure he is chap. 4. there are these words , viz. do they , i. e. the people , at the end of every psalm stand up , and say , glory be to the father , &c. and he thinks things inquired after in diocesan visitations , may be said to be urged and obtruded , fol. 18. hic rhodus , hic saltus ; this is the man , and that 's his leap , ma●ch him he that can . but sir , though i have heard some men ascribe insallibility to the houses of parliament , yet i never heard of any man till now , that did intitle them , their committees instruments , and agents to the spirit of prophecy ; and 't is impossible , that they could otherwise tell , anno 1628. what bishop wren would do at norwich above seven years after , anno 1636. for marke the story as it lieth . the committee for religion declared in anno 1628. that upon due inspection they found it in a very tottering and declining condition , &c. partly from the audacious obtruding of divers superstitious ceremonies by the prelates , as standing at the gloria patri , &c. hist . fol. 96. this is the information , but what proofs have they of it ? the information is in matter of fact , of divers superstitious ceremonies , standing up at the gloria patri , &c. at that time and before obtruded by some audacious prelates . the proof is given them by the spirit of prophecy , in telling them what was , or should be done above seven years after , when bishop wren should hold his first visitation for the diocess of norwich . i see our author is as good at logick as he is at law. for mark the argument in bishop wrens articles , framed for the diocess of norwich ( anno 1636. why was that left out ? ) it is enquired into , whether the people at the end of every psalm did stand up and say , glory be to the father , &c. ergo , which is in english , therefore , this superstitious ceremony of standing at the gloria patri , was obtruded by the audacious prelates above seven years before . anno 1628. brave man at arms i must confess , though weak to baltazar . and now i hope i am quit with him for his theologaster . but yet i have not payed him all , there is some behinde . for is not this the man that telleth us , that the remissness of the government of archbishop abbot , made the future reduction of tender conscienced men to long discontinued obedience , interpreted an innovation , hist . fol. 127. yet he remembreth it well enough ; for he tels us in his pamphlet , fol. 27. oportet esse memorem , but he leaves out the most significant word of all , that which most properly doth concern him , mendacem : oportet mendacem esse memorem , was the rule of old , and it concerns our author to take notice of it . i well remember those words saith he , but never meant they should relate to the setting railes before the holy table , fol. 28. well then allowing our author his more secret meaning , we have gained thus much , that placing the table altar-wise , and bowing towards it , and standing at the gloria patri , are no more to be reckoned for innovations , but reductions rather , as our author freely hath acknowledged . for telling us that he never meant , that the words alleadged should relate to the setting railes before the holy table ; he doth ingenuously confess he meant it in all the rest ; according to the good old rule , exceptio firmat regulam in non exceptis . and again , is not this the man that tels us anno 1635. in his new edition , that he who desires to pourtray england in her full stature of externall glory , may now take her dimensions ; he shall behold her church shining in transcendent empyreall brightness , and purity of evangelicall truth . her religious performances , her holy offices , ordered and regulated agreeable to the strict expedient of such sacred actions . her discipline , modell , sutable to the apostolick form . the set and suite of her holy tribe renowned for piety and learning , and all those in so supereminent a degree , that no church on this side of the apostolique , can or ever could , compare with her in any one , fol. 142. here is an euge tuum , & belle , an excellent panegyrick i confess , and i thank him for it , but very different from those taxes , charges , and obtrusions , which we finde elsewhere . out of which i shall only note , as proper to my present purpose . first , that this panegyrick is placed by him anno 1635. at what time placing the communion table altar-wise , and bowing towards it , and standing at the gloria patri were grown more generally in use , then they had been formerly . and secondly , that it is here said , that her religious performances , and holy offices , were then regulated agreeable to the strict expedients of such sacred actions . if regulated by the strict expedients of such sacred actions , as he saith they were , then neither placing the table altar-wise , nor bowing towards it , nor standing at the gloria patri , no nor the very railes themselves coming within the compasse of these strict expedients , are to be reckoned of as innovations , and obtrusions by the committee for religion of which we speak , anno 1628. the prelates being thus freed , and freed even by our author himself , from innovating in the worship of god , here by law established , we must next see , what danger there was feared from doctrinal poperie , by the uncontrouled preaching of severall points , tending and warping that way , by mountague , goodman , cozens , and others , as in the history , fol. 96. to which the observator answered , that neither mountague nor cozens , were questioned for preaching any thing which warped toward popery ; but the one of them for writing the book called appello caesarem , the other for publishing a body of devotions , according to the hours of prayer , in neither of which , an equall and judicious reader will find any popery . what saith the pamphleter to this ? why , first he doth confesse , that in stead of preaching , he should have said publishing : and this mistake ( with more then ordinary ingenuity ) he hath rectified in the last edition , fol. 98. secondly , as for dr. cozens , he grants ingenuously enough , that in his book , there is no direct popery , though something ( as he saith ) which might raise a jealousie of his tendency that way ; but yet forbears to presse it further ( and it is well for him , that he had so good a colour to forbear the pressing of that , which he could not prove ) seeing that doctor hath appeared of late so stout an advocate for the reformed church ; as he hath been informed by some , and assured by others , fol. 17. to the observators defence of bp. mountague , there is no reply : so that the action being withdrawn against one of the parties , and the other quit by proclamation , we may discharge them of the court , without more adoe . finally , as for bp. goodman , the observator hath informed you , that though he preached something once which might warp towards popery , yet he did not preach it uncontrouled , being not only questioned for it , but sentenced to a recantation before the king. to this i find no reply neither , and i wonder at it , considering the great advantage given by that bishop at his death , to increase the scandall ; a scandal so unseasonably , and untimely given , as if the devil himself had watched an opportunity to despight this church . and though some men have gladly cherished this occasion , to draw the rest of the prelates , and prelatical party , into a generall suspicion , of being as much inclined to popery , as that bishop was ; yet christian charity should instruct them , not to think evil of all , for the fault of one , or prejudge any one man , much lesse the whole body of a clergy , for the fault of another . it rather should be wondred at by all moderate and discerning men , that notwithstanding so many provocations of want , and scorn , which have of late been put upon them , there should be found but one of that sacred order , and but three more ( that i have heard of ) of the regular clergy to fall off to popery : though to say truth , it was not in this bishop a late falling off , but a pursuance rather of some former inclinations which he had that way , that being thought to be the reason why he refused subscription to the canons of 640. mentioned in our historian fol. 186. but , oportet esse memorem , as we know who said : and now it will be time to passe from those anomalous innovations , which seemed to threaten , that tiber would drown the thames , in our authors language , to those designs which tended to the bringing in of arminianisme , if all be true , which was brought in to the committee , or by our author is reported to be brought in to them . chap. vii . our author not so little concerned in the controversies of arminianism , as he would be thought . the arminians not called a faction by the observator , nor said by him to be unsufferable in a common-wealth . the lawes and privileges of the netherlands never more violated , than in the proceedings against barnevelt . the conspiracy of barnevelts kinred not to be imputea to the arminians . the moderation of king james on the like occasion . the arminians no way turbulent , but as calvinists only . st. augustine did not think himself infallible , though the pamphleter doth . the observator misreported in delivering the tenets of some calvinists . the pamphleters trifling in so great a matter as eternity . the judgement of king james altered in the paints of arminianism . sir humphries tale of the two bishops canvassed and confuted . the bishop of winchester vindicated . of dr. more , dr. marshal , and their several grudges against that bishop . the lambeth articles confessed by our author not to be taken for the doctrine of the church of england . the observators mistake in the first 3. years of dr. baro , and the grounds thereof . the observator not disproved concerning that doctors retiring into france , nor in the storie of those articles ; with the pamphleters mistakes in both . the articles of ireland abrogated , by superinducing those of england , proved first by the certificate of the two subscribers , and after by some parallel cases in scripture , and the statute-laws . the two subscribers speak improperly for themselves , and deal unjustly with the observator . of the differences in the convocation of ireland , between the lord primate , and the bishop of derry . an errour of the printers charged on the observator . but first we must remove a block which lieth in our way , our author telling us , how little he is concerned in these arminian controversies , which are to be the subject of this present chapter , fol. 5. thus do i hear our author say , but i find the contrary , and then , quid verba audiam cum facta videam ? the bitternesse of his style against those poor men whom he so nick-nameth , and all who seem to incline towards their opinions , declare plainly of what spirit he is , how very little concerned soever he would seem to be . of this we shall not need to look for any further evidence , than the character he gives both of the men and of the doctrine . their doctrin branded by the name of errours , and the contrary opinions honoured with the title of orthodox , hist . fol. 98. their tenets joyned with those of the massilians and semipelagians , fol. 6. 131. their persons stigmatized in the pamphlet , as men having a strong tang of the jesuites , in practical or dogmatical concernments ; and indeed a faction , a turbulent seditious faction , and so found all along by the united provinces from the first of their spawning there , fol. 46. the lord deputy of ireland stands accused upon this accompt in the unpublished sheets of the history , to have frighted , rather than perswaded the convocation of ireland to repeal the articles of that church , principally to advance these arminian tenets ; the court-clergy generally defamèd , as deeply tinctured and stained with the massilian and arminian errors , and mr. mountague ( afterwards bishop of chichester ) called unworthy wretch , because he was supposed to incline that way . strong arguments that our author doth not think himself so little concerned in this businesse ; as he would make the world believe , if he had the art of it . but whereas the pamphleter hath told us , that the observator p. 73. hath very aptly stiled them , by the name of a faction , if he consult the place again but with half an eye , he will not find them stiled so by the observator , but by dr. whitacres , dr. willet , mr. chatterton , mr. perkins , and certain others , desiring the archbishops assistance to suppresse that faction , which was like to grow against them in that university . and here i think it not amisse to take another running leap , from fol. 5. to fol. 46. where he inferreth , out of i know not what words in the observations , that reason of state and king craft , will not tolerate the arminians in a commonwealth . but no such thing occurs there , i am sure of that ; all that the observator saith , being only this , that king james tendring the safety of the prince of orange , and the peace of those provinces , thought it no small piece of king-craft , to contribute toward the suppression of the weaker party , blasting them not only with reproachfull names , but sending such of his divines to the assembly at dort , as he was sure would be sufficiently active in their condemnation . can any man inferre from hence by the rules of logick , that reason of state and king-craft will not tolerate the arminiaus in a commonwealth ? because as the case then stood in the belgique provinces , betwixt barnevelt and the prince of orange , king james thought fit to countenance the partie of the prince of orange , and suppresse the other . next as for barnevelt himself , one of the wisest men that ever those countries bred , he saw and feared that the great power to which the prince of orange had attained , if not evenly ballanced , might end at last in the suppression of the publique libertie ; and make those provinces , unius quasi familiae haereditas , the patrimonie and inheritance of the nassovian familie . hereupon finding that the prince had made himself the head of the rigid calvinists , he joyned himself to those , whom our author calls arminians , but passed in their own country by the name of remonstrants ; and thereby brought the prince into such a streight , that to preserve his power , and make sure of barnevelt , he violated all the privileges of those several states , for which they had first took up armes against the spaniards . for first drawing out such forces as were most at his devotion , he passeth from one town to another , displaceth the magistrates , changeth the garrisons , and removes the governours , putting none into the rooms , but such as were of the other party , and assured unto him ; and 2ly , having thus altered the whole face of the common-wealth , barnevelt by these new magistrats is seized upon , and contrary to the fundamental laws of holland ( whereof he was a native ) put over to certain delegats appointed by the states gen. ( men utterly uncapable of dealing in matters of that nature ) to hear his process , by whō he was condemned , and accordingly executed . and this is that wicked conspiracy , for which he suffered so condignly , as our author telleth us ; but whether it were so or no , the moderate and unconcerned reader , but some what lesse concerned than the pamphleter is , will be better able to discern , if he peruse the apologie of the remonstrants , in which are many things of note which concern this businesse . as for that damnable and hellish plot about three years after , wherein the states sitting in councel at the hague , and after them all , other anti-arminian magistrates were destin'd to slaughter , as the pamphleter hath it , fol. 46. if all be true that is reported , and the design as damnable and hellish , as the pampleter makes it , yet doth not this concern the arminian partie , but only the children and kinred of barnevelt , whose design it was ; who to revenge his death , so unworthily and unjustly contrived ( and , as they thought ) so undeservedly , and against their lawes , might fall upon some desperate counsels , and most unjustifiable courses in pursuance of it . but what makes this to the arminian and remonstrant partie ? barnevelts children were convicted of a damnable and hellish plot against the state ; ergo , the arminians or remonstrants are a turbulent , seditious faction ; and conseq●ently , not to be suffered in a commonwealth . king james approved not of this logick , when it was moved by some hot-headed members of the lower house , to seize upon the persons , and confiscate the fistates of all english papists , as guilty of the gunpowder treason , because some discontented , turbulent and ambitious spirits had designed the plot ; i know ( saith he , in his speech to both houses of parliament , anno 1605. ) that your hearts are so burnt up with zeal in this errant , and your tongues so ready to utter your dutifull affections , and your hands and feet so bent to concurre in the execution thereof , ( for which , as i need not to spurre you , so can i not but praise you for the same : ) as it may very well be possible that the zeal of your hearts shall make some of you in your speeches rashly to blame such , as may be innocent of this attempt : but upon the other part , i wish you to consider , that i would be sorry that any being innocent of this practice , either domestical or foreign , should receive blame or harm for the same : for although it cannot be denied , that it was the only blind superstition of their errours in religion , that led them to this desperate device ; yet doth it not follow , that all professing the romish religion were guilty of the same . so he . and how far different this is from the pamphleters logick , ( though that the best logick of these times ) is left to the consideration of all equal and indifferent men . and 2ly , admitting that the whole arminian partie were engaged in these treasons , either in voto or in re , yet doth it not follow hereupon with reference to other countries ; that they are none of the best subjects , be their doctrine as orthodox as they pretend : which is the corollary which the pamphleter hath inferred upon it . my reason is , because arminianism it self , as it relates to the five points in difference ( which in our authors style is called arminianism ) disposeth not the professors of it to any such practices . and therefore if the arminians should prove to be as turbulent and seditious , as the pamphleter makes them , yet must we not impute it to them , as they are arminians , that is to say , as men following the melancthonian way , and differing in those five points from the rest of the calvinists , but as they are a branch of the sect of calvin , to whose discipline in all particulars , they conformed themselves , and to his doctrine in the most , as was declared by the observator . and we know well what dangerous practices and positions have been set on foot within this island , by such as have pursued the one , and embrace the other . this said , i must turn back again , where i find the observator put to an unnecessary , but invidious task . the observator had affirmed , that st. augustines zeal against the pelagians , transported him into such inconvenient expressions , as the wisest men may fall into on the like occasions . to this the pamphleter replieth , that it were a work very proper for the observator , to instance in those inconvenient expressions , and to undertake the confutation of them , fol. 5. and this i call , both an unnecessary and invidious task : unnecessary , as being no way pertinent to the present businesse ; invidious , in regard of that high esteem which that great father hath attained to in the christian world . and yet i shall crave leave to say , that if he had not run himself into some inconvenient expressions , in condemning infants unbaptized to the pains of hell , he never had incurred the name of infanto-mastix : a more particular accompt whereof i had rather the reader should take pains to collect from his writings , than expect from me . all i shall further add is this , that st augustine , when he was alive , did neither think himself infallible , or exempt from errours ; nor was displeased with st. hierome , for canvassing or confuting any point of doctrine by him delivered . this liberty they mutually indulged on one another , and good reason for it ; non tam stultus sum ut diversitate explanationum tuarum me laedi putem , quia nec tu laederis si nos contraria senserimus . this was st. hieromes resolution to st. augustine in a point between them ; equally full of piety , and christian courage . the next thing required of the observator , is , to produce the men of the calvinian party , who say , that a man is forcibly drawn and irresistibly with the cords of grace in the work of conversion . fol 5. he grants indeed , that they take away an actual resistance of the will , as inconsistent , simul & semel , with efficacious grace , and i grant that too : grace not being efficacious , or deserving so to be accompted , when all mans actual resistance is not took away . but such an irresistibility , as the observator mentioneth , he thinks that none of them assert . but he doth but think it , and he is able to think more then the most subtle disputant of that party is able to prove : but the calvinists , or contra-remonstrants , have thought otherwise of it , who in the conference at hague maintained an irresistibility no lesse evident in the workings of grace , then in those of the natural generation , or supernatural resurrection from the dead , man being no more able in their opinion to resist the operations of grace , then he is able either to hinder his own begetting , or his last raising from the grave : quemadmodum non est humani arbitrii nasci aut non nasci , excitari ex mortuis aut non excitari , ita neque ex nostro arbitrio pendet ullo modo nostra conversio . so they collat. hague , pag. 27. a more particular accompt , together with the names of those who maintain this tenet , the observator will produce , when required of him . but then the pamphleter must have an explanation of this metaphysical whim-wham , viz. how eternity ( for so saith he the observator saith ) not salvation , can recipere majus & minus , receive either augmentation or diminution from man , ●ol . 5. but sir , without any of your whim-whams , where find you any such thing , or any thing that looks that way in the observator ? cannot the observator say , that by the doctrine of some calvinists , and rigid lutherans , a man contributes nothing to his own eternity , but presently you must cry out of i know not what metaphysical whimwhams , as if he had affirmed , that eternity might recipere majus & minus ? for though eternity cannot recipere majus & minus , as indeed it cannot , yet i hope the pamphleter or our author will not stick at this , that some men do contribute more or less , to their own eternity , or towards the attaining of their own eternity ( if that will better please the man ) than some other do . but had the observator used the word salvation , as the pamphleter sayeth he should have done , had he spoken properly , then this great quarrel had been saved ; salvation being susceptible of a majus et minus , ( what else can be inferred from the pamphleters words ? ) though eternity be not : which indeed i will not say is such a metaphysical whimwham , but such a fine piece of norfolk drapery , that t is pitty we should have no more of the remnant , as well and wisely said the gentleman on another occasion . next for king james , the pamphleter seems much displeased , that having been inclinable unto the calvinian tenets , as well by the course of his education , as by the insinuations of dr. james mountague , first dean of the chapell , and afterwards bishop of bathe and wells , and at last of winchester , he should be thought to change his judgements in those points on reading of mr. richard mountagues book against the gagger , and this ( saith he ) is most unlikely , it being well known , that in theological controversies king james was able enough to go alone , and needed not , like a child , be led up and down by the hanging sleeves from one opinion to the other , fol. 5. but then it is but unlikely only , though most unlikely , that it should be so ; and being but unlikely , though most unlikely , there is no such impossibility in it , but that it may be certified without any injury to the abilities of that king in theological controversies : it being no unusuall thing in the greatest scholars , not only to alter their opinions , in matters of opinion only , and not fundamentll ( as the pamphleter makes these not to be ) but retract and recognize ( as bellarmine and saint augustiue did ) what they said before . and that the king had either altered his opinion in those points , or abated much of his rigor in it , appeareth by the countenance which he gave to mountagues book , and the incouragements which the author had from him , to vindicate both his fame and doctrine against ward aud yates , the two informers ; a full accompt whereof we have in the observations . fol. 33. but the pamphleter will not have done with master montague , telling us a very pretty tale , that in the year 1628 this mr. mountague then bishop , together with doctor neile bishop of winchester , being remonstrated to the king , as abettors of those tenets , professed with tears in their eyes , that they hated those opinions , and before his majesty and his counsell renounced them , fol. 6. here is indeed a dolefull ditty , the lamentation of a sinner , to the tune of lachrymae ; a tale like this wee had before , but that it was the squires tale then , and the knights tale now . for if we ask what authority , what proof he hath to make good the story ; marry saith he , it was so averred by sir humphrey mildmay in open parliament , nemine contradicente , no one near the chair contradicting . never was story better proved , nor proved by more particulars of such waight and moment . it was averred by sir humphrey mildmay ( whether mistaken in the name , or man , i regard not , ) and therefore most infalliblly true , for if sir humphrey said the word , it must needs be so : and yet i do not think that sir humphry , or sir what you will , was any of the kings councell , or called into the conncell chamber , to behold the comaedie . it was averred secondly in the open parliament , there●ore there can be nothing truer ; nothing being told within the walls , ( whether the tales of dutch skippers , or of danish flee●s , or the plague-plaster sent to mr. pym , or saying mass daily in the streets at oxford , and all the rest of the discoveries of sir walter earl ) but ipso facto , by a strange kind of alcumy , it was made a truth , a most unquestionable truth . it was averred thirdly , nemine contradicente , and very good reason for that too ; there being none perhaps then present , who were admitted to the sight of that enterlude , as sir humphry was , or otherwise its worth the while to disprove the fable . but here i find something worth the learning , which is , that nemine contradicente doth not signifie only ( as the poor theologaster might conceive it did ) no one contradicting , but no one contradicting who stood near the chair . a pretty piece of grammar-learning , and i thank him for it ; the rather , in regard it may be gathered from these words , that though no man who stood near the chair did or durst contradict sir humpry in this pretty figment ; yet others who stood farther off ( and being procul à jove , might be procul à fulmine ) did presume to do it . and this i hope will satisfie the pamphleter , and sir humphry too . we have now done with bishop mountague , but we must have another pull about bishop neile , then bishop of winchester , by whose , and the bishop of londons prevalencie , we were told in the history , the orthodox party were depressed , and the truth they served , scarce able to protect them to impunity . reproved by the observator , for speaking thus at randome , and without any proof , of those great prelates , ( both being counsellors of state ) the pamphleter comes in to make good the matter , telling us , that sir daniel norton , and sir robert philips , informed the house , that doctor more and doctor marshall , were chid by the bishop of vvinchester , for preaching against popery , both drs. being ready to bear witness of the truth thereof , fol. 16. now mark the justice of the man , and his logick too . the information is brought against the bishops of london and vvinchester , but the proof ( such as it is , ) against the bishop of vvinchester only ; no reparation being made unto the other for so great an injury . i trow this is but sorry justice , and yet the logick of the proof is a great deal worse . the information was about the danger of arminianism , the spreade●s of those errors advanced by the prevalency of those bishops to great preferment , the orthodox party in the mean time depressed , and under inglorious disdain . hist . fol. 96. how doth he make this good in the bishop of vvinchester ? because for sooth he had chidden doctor more and doctor marshall for preaching against popery . this is the logick we must look for . the premises are of arminianism , the conclusion of popery . or else it must be argued thus , the bishop of vvinchester chid doctor more and doctor marshall , for preaching against popery , ergo , which is in english therefore , the two bishops of london and winchester advanced the arminian party , and depressed the orthodox . our author telleth us fol. 35. of this present pamphlet , that there are some worse disputants than himself ; but if i know in what place to find them , may i burn my ke●kerman . but if the man were chidden , and chidden for preaching against popery , it will as much conduce to the dishonor of the bishop of winchester , as if they had been chidden on the other accompt , and therefore we must take some time to inquire into it , it being possible enough , that they might be chidden by that bishop not for their preaching against popery , but for some indiscretion in the way of their preaching , & possibly enough ( let me adde that too ) that they might have some private grudges against that prelate . doctor marshal claimed some fewell yearly out of that bishops woods , in the right of his parsonage , which that bishop ( being an old courtier , but of no great courtship ) did refuse to make him . this gave him occasion of displeasure , and being withall a man of some indiscretion , he might possibly , not carry the matter so discreetly , but that he might be liable to some just reproof . but as for doctor more , i shall need no other matter against him , than what i find in the unpublished sheets of our author himself , where he tells us of him , that ●he was a man of an acute , but somewhat an ●aculeated wit , fol. 69. a man ( it seems ) of more sting than hony , and was not sparing of it ( in his heats of zeal ) upon all occasions ; insomuch that there goeth a story of him , that mr. hugh may who had commended archie to the court not long before , obtained a turn for this doctor before king james , in which he shewed so much heat , and so little discretion , that the king told hugh may when he saw him next , that he thanked him more for his fool than he did for his preacher . besides our author telleth us of him in the place above mentioned , that preaching after the dukes return from the isle of rhe , he took occasion in his sermon , to speak of the defeat given to the roman army , under the command of quintilius varus , by the german nations , adding these words of the historian , that this army perished , propter inscitiam & temeritatem ducis : in which being thought to have put a scorn upon the duke , and reprehended for it by his diocesan , he was judged fit to be made use of against that bishop , when the teeth of the informers were edged against him . proceed we next to the lambeth articles , the great diana of the ephesians of our times . it was affirmed by the observator , that they were never looked on as the doctrin of the church of england , nor intended to be so looked upon by them that made them . but this the pamphleter puts off to mr. pym , and the committee for religion ; but grants withall , that it is very probable , that the compilers of the book of articles , and the book of homilies , differed from calvins sense in the point of predestination , and its subordinates , fol. 15. nor doth he only grant it to be probable , but he proves it also , it being ( saith he ) very rare for two , even of the same party , to agree exactly in all parcels of these controversies . so then , whether it were our author , or the committee for religion , which declare these articles of lambeth to speak the sense of the 39 articles of the church of england , it comes all to one , the pamphleter leaving them in the plain field , and siding with the observator in this particular . in the occasion of these articles , or rather in one circumstance of it , the observator was mistaken , affirming page 74. that on the coming of these articles to cambridge , dr. baro found himself so discouraged & discountenanced , that at the end of his first 3 years he relinquished his professorship , and retired not long after into france ; to this the pamphleter makes answer , that peter baro relinquished not his professorship at the end of his first three years , proved by his lectures upon ionah , to be professor there , anno 1574. and confessed to be so by the observator , anno 1595. 2. that that professorship is not eligible , from 3 years to 3 years , but at the end of each second year ; proved by the statutes of the lady margaret ( countesse of richmond and derby ) the foundresse of it . 3. that peter baro never went or retired into france , after the resignation of his professorship , but lived and dyed in crutched friers , as may be proved by the testimony of a son of his , who is still alive . in the two first of these we have confitentem reum , the observator crying peccavi , and confessing guilty , but so that he had good authority for his errour in it ; for first the pamphleter hath told us , that very many were of the contrary belief , that is to say , to the election of that professor every second year , & so the wonder is the lesse , if the observator should be one of those very many . 2. he had found in the history of the lambeth articles printed at london 1641. that baro at the third years end ( for so long he was to hold that lecture by their antient ordinances ) relinquished his professorship , and betook himself to his private studies . baro ( saith he ) elapso tri●nnii spatio ( nam vetere instituto in illius lectura triennalis est professio ) professione abiit & in privata se studia recondidit . 3. he had read in a book called responsio necessaria , published by the remonstrants , anno 1615. that notwithstanding the coming of those articles , he continued in his professorship , donec exacto suo triennio ( professio utique il a qua in collegio fungebatur , in triennium solum prorogabatur ) professione se abdicavit , & tranquillam ut viveret vitam privatis se studiis totum dedit ; that is to say , that his three years being expired ( that professorship being continued in that university but for three years only ) he left the place , retired unto a private life , and gave himself wholly to his studies . 4. he hath found also in the history of cambridge , writ by mr. fuller a cambridge man , and one that should have known the customs and statutes of that university , that the end of doctor peter baro ( the marguaret professor ) his triennial lectures began to draw near , &c. sect. 21. which layed together , i would fain know of the equal and impartial reader , first , whether the observator may not be excused for making that lecture to continue from three years to three years ; and secondly , whether the exacto suo triennio , in the book called responsio necessaria , and the end of his triennial lectures in fullers history , might not induce him to conceive , that dr. baro gave over the professorship at the end of his first three years . in the last point the cause is not so clear on the pamphleters side , nay it will rather go against him . mr. prynne , a man diligent enough in the search of any thing which concerns his argument , hath told us positively , in his auli-armianism , pag. 268. that being convented before the heads of that university , he was not only forced to forsake the university , but the kingdom too ; for which he citeth dr. ward in his concio ad clerum , anno 1626. and thytius in his preface ad fratres belgas ; nor do the pamphleters proofs come home to conclude the contrary ; unlesse the argument be good , that baro lived and died in london , and was buried there in st. olaves church . ergo he retired not into france , upon his first relinquishing of the university . and if it be true which the pamphleter telleth us , that the bishop of london ordered the most divines in that city to be present at his interment ; it is a good argument , that both the bishop , and most eminent divines of london , were either inclinable to his opinions , or not so much averse from them , as not to give a solemn attendance at the time of his funeral . as for the story of these articles , as layed down in the observator , he tellerh us it was never heard off , till the year 1641. which sheweth how little he is versed in his own concernments , the same story , let him call it a tale if he will , being published in the responsio necessa●ia , anno dom. 1615. which was 26 years before , and but the 20th year from the meeting at lambeth . and though the kentish man he speaks of , whosoever he were , might be unborn at the time of the making of the articles , as he saith he was , yet the remonstrants who published the responsio necessaria , must be born before , and probably might have the whole story from baro himself , with whom they coresponded in these points of controversie . adeo absurda argumenta ineptos habent exitus , as lactantius hath it . on what accompt these articles were made a part of the confession of the church of ireland , hath been shewen elsewhere , we must next come unto the abrogating or repealing of them , for saying which the observator stands accused , although repealing be the word of our author himself in the first edition , fol. 132. yet now he singeth a new song , and telleth us many things quite different from the common opinion , and from his own amongst the rest : assuring us , that the articles established in the church of ireland , anno 1615. were never abrogated , and proving it by a certificate under the hands of doctor bernard , and one mr. pullein , ( if he be not of a higher degree , ) both of them convocation men , and present at the conclusion of it , anno 1634. but this certificate will prove upon examination to conclude nothing to the purpose . it is acknowledged both in the certificate and canon that they did not only approve ( which might a been a sufficient manifestation of their agreement with the church of england , in the confession of the same christian faith ) but that they also did receive the book of articles of religion , agreed upon by the archbishops , and bishops , and the whole clergy , in the whole convocation holden at london , anno dom. 1562. now the receiving or superinducing of a new confession , will prove equivalent in the fact , and i think in law , ) to the repealing of the old , for otherwise there must be two confessions in the same church , differing in many points from one another ; which would have been so far from creating a uniformity of belief between the churches , and taking away thereby the matter of derision which was given the papists , in two distinct ( and in some points contrary ) confessions , yet both pretending unto one and the same religion ; that it would rather have increased their scorn , and made a greater disagreement in ireland it self , than was before between the churches of both kingdomes . and this the certificate it self doth seem to intimate . in which we find , that one of the assembly ( some rigid calvinist belike ) stood up , and desired that the other book of articles , ( that is to say in the year 1615 ) should be be joyned with it which proposition , being it might have made some rub in the business , if it had been absolutely denied , was put off , by this cleanly and handsome temperament , that this would be needless , that book having been already sufficiently ratified by the dcer●e of the former synod . with this all parties seem contented , and the canon passed . so easily may the weak brethren be out-witted by more able heads . to make this matter plainer to their severall capacities , i will look upon the two subscribers , as upon divines , and on the pamphleter , our author , as a man of law . of the subscribers i would ask , whether saint paul were out in the rules of logick , when he proved the abrogating of the old covenant by the superinducing of the new . dicendo autem novum , veteravit prius , &c. that is to say , as our english reads it , in that he saith , a new covenant , he hath made the first old . heb. 8. 13. and then it followeth , that that which decayeth and waxeth old , is ready to vanish away , that is to say , the old being disanulled by the new , there must necessarily follow the abolishment of its use and practice . nor find they any other abrogation of the jewish sabbath , than by the super-inducing of the lords day , for the day of worship ; by means whereof , the sabbath was lesned in authority and reputation by little and little , & in short time , was absolutely laid aside in the church of christ ; the 4th cōmandement , by which it was at first ordained , being stil in force . so then , according to these grounds , the articles of ireland were virtually , though not formally abbrogatad , by the super-inducing of the articles of the church of england , which is as much as need be said for the satisfaction of the two subscribers , taking them in the capacity of divines , as before is said . now for my man of law , i would have him know , that the first liturgy of king edward the sixth , was confirmed in parliament , with severall penalties to those who should refuse to officiate by it , or should not diligently resort and repair unto it . 2 , 3. edw. 6th c. 1. but because divers doubts had arisen in the use and exercise of the said book , ( as is declared in the statute of 5 , 6. edward 6. c. 1. ) for the fashion and manner of the ministration of the same , rather by the curiosity of the ministers , and mistakers , than of any other worthy cause ; therefore as well for the more plain and manifest explanation hereof , as for the more perfection of the said order of common service , in some places where it is necessary to make the same prayer and fashion of service more earnest and fit to stir christian people to the true honouring of almighty god ; the kings most excellent majesty , with the assent of the lords and commons in this present parliament a●embled , and by the authority of the same , hath caused the foresaid order of common service , entituled the book of common prayer , to be faithfully and godly perused , explaned , and made fully perfect . which book being thus fitted and explaned , approved by the king , and confirmed in the parliament in the 5 , 6 years of his reign , was forthwith generally received into use and practice , in all parts of the kingdom , the former liturgy being no otherwise suppressed and called in , than by the superinducing of this , the statute upon which it stood continuing un-repealed , in full force and vertue , and many clauses of the same related to in the statute which confirmed the second . but fearing to be censured by both parties , for reading a lecture of the wars to annibal , i knock off again . now , forasmuch as the observator is concerned in this certificate , being said , to have abused the said convocation with such a grosse mistake , so manifest an untruth , i would fain know in what that grosse mistaking , and the manifest untruth which these men speak of is to be discerned . the premises which usher in this conclusion are these , viz. but that the least motion was then or there made for the suppressing of those articles of ireland , hath no truth at all in it : the conclusion this , therefore the observator , and whosoever else hath , or doth averr , that the said articles either were abolished , or any motion made for the suppressing or abolishing of them , are grosly mistaken , and have abused the said convocation in delivering so manifest an untruth . but first the observator speaks not of any motion made there for the suppressing of those articles . the proposition for approving and receiving the confession of the church of england might be made effectually ( and so it seems it was ) without any such motion : and therefore if the observator stand accused in that particular , the manifest untruth , and grosse mistake which those men dream of , must be returned upon themselves . and on the other side if he be charged with this grosse mistake and man fest untruth , for no other reason , but that he saith , those articles were abolished , as they charge it on him ; they should have first shewed where he saith it , before they fell so rudely and uncivilly on a man they know not : the observator never said it , never meant it , he understands himself too well to speak so improperly . the word he used was abrogated , and not abolished : the first word intimating that those articles were repealed , or disannulled , & of no force in law , whereas to be abolished signifieth to be defaced , or raced out , that so the very memory of the thing might perish . the word abrogated ( rightly and properly so taken ) is terminus forensis , or a term of law , derived from the custom of the romans , who if they did impose a law to be made by the people , were said rogare legem , because of asking , moving , or perswading to enact the same , velitis iubeatisne quirites , &c. from whence came prorogare legem , to continue a law which was in being for a longer time , and abrogare to repeal or abrogate it for the time to come , unlesse upon some further consideration it were thought fit to be restored : but giving these men the benefit and advantage of their own expression , and let the two words abrogated and abolished signifie the same one thing ; where is their equity the while , for charging that as a grosse mistake , and manifest nntruth in the observator , which must be looked on only as a failing , or an easie slip , within the incidence of frailty , as we know who said , in their friend our author , the systeme , the body of articles formed by that church , anno 1615 , were repealed , saith the historian , fol. 132. for abrogating the articles of religion established in the church of ireland , saith the observator . pag. 240 , 241. both right , or both wrong , i am sure of that ; a grosse mistake , a manifest untruth , in both , or neither . and so farewell good mr. pullein ; wi●h doctor bernard i shall meet in another place . in the next place , whereas the observator said , that the abrogating of the articles of ireland was put on the lieutenants score , because doctor bramhall , ( once his chaplain , and ) then bishop of derry had appeared most in it : the pamphleter answereth , that there was never any controversie in that synod , between the lord primate and that bishop , concerning those articles , fol. 43. but tell me gentle sir , might not the bishop of derry be most active in it , without a personal controversie betwixt him and the primate , if so , then was the primate more engaged in the quarrel , about receiving , or not receiving the articles of the church of england , than you would gladly seem to have him ; if otherwise , your answer is nothing to the purpose , nor confutes any thing affirmed by the observator . some disagreement he confesseth to have been between them in that synod , about the canons , not the articles of the church of england , but neither he nor the observator being present at it , they must rely upon the credit of their authors . the observator ( as he telleth me ) had his intelligence from some of the bishops of that kingdom , men of integrity and great worth , present at all debates and conferences amongst those of their own order , and so most like to give a just account of all passages there . the pamphleter takes his ( it seems ) from two members of the lower house of convocation , who neither were bound to tell more than they knew , nor to know more than the advantages of the place they served in could communicate to them . which of the two intelligences , have , or should have most power in moving the sphear of any common understanding , let the reader judge . the pampheter is almost spent , and now plays with flies , quarrelling the observator , for saying that this convocation was held in ireland anno 1633. whereas dr. heylyn , whom he makes to be his alter idem , hath placed it in his history of the sabbath , anno 1634. it could not then proceed from ignorance in the observator , you have cleared him very well for that , and it will be very hard for you to prove , that it proceeded from negligence , or from ( your ordinary excuse ) a lapse of memory . printers will fall into such errours do we what we can , though the calculation be put down , in words at length , and not in figures , more easily and frequently , when they meet with figures , not words in length . and so much for all matters which relate to arminianism . the rest that follows shall be reduced into two chapters , the first for parliaments and convocations , and the points coincident ; the second for all such other matters as cannot be contained under those two heads . chap. viii . a voluntary mistake of the author , charged on the accompt of the observator . the pamphleter agreeth with the observator , about the sitting and impowering of the convocation . our author satisfied in the &c. left so unhappily in the canon of 640. that the clergy in their convocation may give away their own money without leave from the parliament . the difference in that case between a benevolence and a subsidie . the impulsives to that benevolence . the king not unacquainted with the differences between the liturgies . the words of distribution in the first liturgy of king edward , no more favourable to transubstantiation , than those which are retained in the present liturgy . the reason why so many papists have been gained of late to the church of england . the convocation of the year 1640 appeared not by their councel in the house of commons . new lords created in time of parliam●nt , not excluded from their suffrage in it . the difference between the loan and the tax made reconcileable ; the commons in the parliament , 1621. not to be called petty kings . our authors weak excuses for it , and the damages of it . the pamphleters great libertie in calculating the estates of the peers and commons to make good his estimate . the bishops purposely left out in the valuation . the true stating of the time of the charge against the late arch-bishop . the bishops not excluded by the canon-laws , from being present at the intermediate proceedings in the businesse of the earl of strafford . our authors resolution , not to warrant circumstances , but the things themselves , of what not able advantage to him . the observator justified in the day of taking the protestation . the four bishops sent to the king , and not sent for by him . the bishop of london supernumerary . the pamphleters weak argument upon his silence in that meeting . the primate of armagh , not made use of by the lord leiutenant in framing the answer to his charge ; why chosen to be with him , as his ghostly father , before , and at the time of his death . a fair and friendly expostulation with dr. bernard . from the convocation held in ireland , proceed we now to that in england , both yeelding matter of observation , and both alike unpleasing to the presbiterian or puritan party . and the first thing the pamphleter layeth hold on , is a mistake , occasioned chiefly by himself . he told us of a new synod made of an old convocation , and fathers the conceit , such as it is , on a witty gentleman . but now the witty gentleman proves to be a lord , and therefore the observators descant on sir edward deering , must be out of doors fol. 34. had the historian spoke properly , and told us of a witty lord , who had said so of that convocation , the observator would have took more pains in inquiring after him , but speaking of him in the notion of a gent. only , though a witty gentleman , the observator had some reason to conceive it spoken by sir edward deering , one of whose witty speeches , was made chiefly upon that occasion . but as this lord is here presented to us in the name of a gentleman , so mr. secretary v●ne is given unto us in the unpublished sheets , by the name of a lord. had he corrected himself in this expression , as he did in the other , he might have eas'd himself of some work , excused the observator from some part of his trouble , and freed sir edward deering from the descant ( as he calls it ) of the observator . the historian had affirmed , that the convocation was impowered to sit still by a new commission . to this the observator answereth , no such matter verily ; the new cōmission which he speaks off , gave them no such power ; the writ by which they were first called , and made to be a convocation , gave them power to sit , and by that writ they were to sit as a convocation , till by another writ proceeding from the same authority , they were dissolved . doth the pamphleter deny any part of this ? no , he grants it all , and takes great pains to prove himself , a most serious trifeler ; confessing , that though the convocation were not dissolved , by the dissolutiof the parliament , yet that it had so little life in it , as the king thought fit to reanimate it with a new commission , fol. 34. not one word in this impertinent nothing of above 30 lines , till the close of all where the light-fingered observator is said to have pocketed up the break-neck of the businesse , in suppressing what the lawyers sent along with their opinions ; viz. that they would advise the convocation in making canons to be very sparing . and this , he saith he is informed by a member of that convocation , and one as knowing and credible a person as that assembly had any , fol. 35. for this we are to take his word , fot either he hath no witness to it , or else his witnesse is ashamed to own the testimony ; there being otherwise no danger or inconvenience likely to fall upon him , for giving evidence in the cause . and thetefore i would fain know of this nameless witness , how , and by whom , the lawyers sent this advice to the convocation ; whether in the same paper in which they had subscribed to their opinions , or by some message sent along with it , by word of month . not in the paper i am sure , there was no such matter ; i having opportunity both to see and transcribe the same , as it came from their hands . and if by message i would know , who it was that brought it , not the archbishop i am sure , by whom the paper was communicated , containing their opinions , with their names subscribed . the lawyers durst not be so bold as to send him upon their errant ; or if they were , he lost his errant by the way , or betrayed the trust reposed in him , for he delivered no such message or advice , when he acquainted both houses with their subscription . and if by any body else , i must know by whom , when , where , and in whose presence , whether to one or both the houses of convocation , or only to this credible and knowing person , whose name must be concealed like an arcanum imperii , fit only for the knowledge of he councill of state. when i am satisfied in these particulars , he shall hear more of me , till then i look upon a nameless witnesse sa no wirness at all . in the declaration of the meaning of that unhappy &c. left so improvidently in the oath , the pamphleter seems to be very well satisfied , objecting not one word against it . only he finds himself aggrieved , that these faults imputed to the canon , and contrived by others , should be said or thought to be delivered as of his own suggestion , the exceptions being taken by the kentish and northamptonshire men , but especially by those of devonshire , presented septemb. 16. to the lords of the councel , and touched at in the lord digbi●s speech novemb. 12. fol. 38. if so , ( and be it so this once ) i doubt not but all the said parties , or so many of them as are living , will be satisfied also , in the plain meaning of that canon , which seemed to carry such a mysterious import with it , in our authors language . concerning the benevolence granted by that convocation , our author told us , that it was beheld as an act of very high presumption , and an usurpation upon the preheminence of parliament ; no convocation having power to grant any subsidies or aid , without confirmation from the lay senate . to which the observator saith , that never was any rule more false or more weakly grounded ; nor doth he only say it , but he proves it too . he proves it first by the powers granted to the procurators or clerks of the convocation , from the several and respective diocesses for which they serve ; next by a president of the like in queen elizabeths time , anno 1585. exemplified and followed word for word by this convocation . against this the pamphleter makes these two objections : the first drawn from the most infallible judgement of the house of commons , in which so many wise and learned men had declared it so , fol. 39. to which there needs no other answer , but that many things passed in that house , rather to pursue their own interest , and carry on the design which they had in hand , than that they should be urged in suceeding times , as a rule to others . the next drawn from the practice of convocations , constantly praying and desiring their grants and subsidies may be confirmed and ratified by the high court of parliament , ibid. a practice taken up in the latter times of king henry the 8th . when the censures of the church were grown invalid , and held on in the reign of king edward 6th . when the authority of the clergy was under foot ; and though continued afterwards in the times of queen elizabeth , and the kings succeeding , as the shorter and most expedite way ; yet not so binding , but that they did and might proceed by their own sole power , as is apparent by the president in the observator . the parliaments ratification , when desired by the clergy , signifies all ; but when the clergy have a mind to proceed without it , then it signifieth nothing . this said , i shall ex abundantia let the pamphleter know , that the convocation had in this particular , the advice of the kings counsell learned in the laws , who at first were of opinion , that the clergy could not make this grant , but by way of parliament ; but when they had perused the instrument , and found that the grant passed not by the name of a subsidie , but of a benevolence or extraordinary contribution , according to the president before mentioned , they then changed their minds , and gave their counsell and encouragement to go on accordingly . so then , according to this criticism of the councel learned , the convocation may be delivered of a benevolence , without the help and midwifry of an act of parliament , but of a subsidie it cannot . now the impulsives to this grant were not only the consideration of their duty owing to his majestie , for his constant defence of the faith , and protection of christs holy church , by the maintenance of the happy government , &c. but also of those great expences , whereat he was then like to be , as well for the honourable sustentation of his royal estate at home , and the necessary defence of this his realm , as also for the effectual furtherance of his majesties most royal and extraordinary designs abroad . this gives me some occasion to look toward the scots , and to consider so far of the liturgie recommended to them , as it lyeth before me in my author ; of this liturgy he telleth us , how unhappily the king had been perswaded , that it little differed from the english ; to which the observator answered , that the king needed no perswasion in this point , the difference between the two liturgies ( whether great or little ) being known unto him before he caused that to be published ; the pamphleter replyeth , that though the king was shewed the alteration of the scotish liturgy ; yet might he so apprehend or be perswaded that the differences were small , and yet might they be great for all that , and perhaps not discovered by him . but might be and perhaps are but forry mediums , on which to huild a conclusion of such weight and consequence . 1. for if they might be great for all that , they might for all that not be great , the one as probable as the other ; if perhaps discovered by him , it is but a perhaps they were not , and perhaps they were ; so that his argument concludeth nothing to the contrary , but that the difference between the two liturgies ( whether great or little ) were ( not only shewn , but ) made known unto him . the observator noted next , that the alterations in the liturgy being made and shewed to the king , he approved well of them ; in regard that comming nearer to the first liturgy of king edward the sixth , in the administration of the lords supper ( and consequently being more agreeable to the ancient forms ) it might be a means to gain the papists to the church , who liked far better of the first , than the second liturgy . in this the pamphleter very cunningly ( that i say no worse ) leaves out these words , and consequently being more agreeable to the ancient forms fastning the hopes of gaining papists to the church , on the nearness of the scotish liturgie to the first of king edwards , without relating to the forms of more elder times , to which the papists stand affected , fol. 29. this is no fair dealing by the way . but let that pass , he grants it is a matter beyond dispute , that the papists liked the first liturgy of king edward , better than the second . why so ? because the words of distribution of the elements are so framed , as they may consist with transubstantiation . fol. 30. if that be all , the papists have as good reason to like the liturgy of the church of england now by law established , as they had or have to like the first liturgy of king edward the sixth , the words of distribution used in the first liturgy being still retained in the present , together with the words of participation ( take and eat , take and drink , &c. ) which only did occur in the second liturgy . no more consistency with transubstantiation , in the words of distribution used in the first liturgy of king edward , nor consequently in that for scotland , than in that continued in the first year of queen elizabeth . but then the pamphleter subjoyns , that the gaining of papists to our church , was indeed the great pretended project of forty years continuance , and yet in all that time not so much as one taken with that bait. in answer unto which i desire to know , where the fault was , that for the space of forty years the intended project of gaining papists to the church took no more effect . the project certainly was pious , and intended really , and where the fault was we shall hear from our author himself , the bishops of late yeares ( saith he ) supinely , either careless or indulgent , had not required within their dioceses , that strict obedience to ecclesiastical constitutions , which the law expected , upon which the liturgy began to be totally laid aside , and inconformity the uniform practice of the church . hist . fol. 137. the papists loving comlinesse and order in gods publique service , will not be taken with the hatefull bait of inconformity , and forty years of generall conformity will be hardly found , in which we might have gained upon them . had bishop laud succeeded bancroft , and the intended project been followed without interruption , there is little question to be made , but that our jerusalem ( by this time ) might have been a city at unity in it self . besides , the pamphleter might have observed , had he been so minded , that the observator speaks these words of gaining papists to the church , as a thing hoped for by the king , of the scotish liturgy , and the nearnesse which it had to the first of king edward , which they liked better than the second . if the pamphleter can prevail so far with my lord protector , as to settle the scotish liturgy in scotland , and the first of king edward in this kingdom , we may in lesse than forty years give him a better accompt of the papists gained unto the church , than can be made ( for the reasons above mentioned ) for the like space of time now past . if any true protestants have been lost hereby , as here is affirmed , when he hath told me who , and how many they are , he shall find me very ready to grieve with him for it . in the mean time i shall grieve for him who so vainly speaks it . we have one only thing to adde , relating to this convocation , the observator saying , that he had some reason to believe , that the clergy of that convocation did not appear in the parliament by their councel learned , sufficiently authorized and instructed to advocate for them . to this the pamphleter replyeth by halves , professing that he will not determine ( 't is because he cannot ) how the councel for the clergy were instructed by them ; but withall confidently averring , that by their councell they did appear , first by mr. chadwell of lincolns inne , novemb. 26. then again by mr. holburn , the 15 day of decemb. who argued two hours in defence of them , fol. 40. that these two gentlemen appeared in this businesse for the clergy , i shall easily grant , that is to say , that they appeared in it , out of a voluntary piety , and an honest zeal to doe them the best offices they could in their great extremities . if the pampleter mean no otherwise than thus , he shall take me with him ; but there he takes the word equivocally , and not according to the legal acception of it , and there can be no legal appearance , but by men authorized and instructed by the parties whom it doth concern , and that these gentlemen were so , the pamphleter can neither say , nor will determine . and certainly if the members of that convocation had been so ill-advised as to submit their persons , cause , and jurisdiction , which i am very well assured they did not , and would never doe , to the iudgement of the house of commons , it had been more proper for them to have made this appearance by his majesties attourney and solliciter , and others of his councell learned ; the kings interesse and theirs , being so complicated and involved , as the case then stood , that the one could not fall without the other . being thus entered on this parliament , i will look back to those before , and take them in their course and order . and the first thing we meet with , is an ancient order , said in the history to be found by the lords , ( that is to say , the lords which were of the popular party against the duke ) that no lords created sedente parliamento should have voice during that session , &c. whereupon their suffrage was excluded . the vanity and improbability of which report , is proved by the observator by these two arguments ; first , that the lords seymore , littleton , capel , &c. created sedente parliamento , anno 1640. were admitted to their suffrages , without any dispute , though in a time when a strong party was preparing against the king. and 2ly . that when a proposition of this nature was made unto the king at york , he denied it absolutely , though then in such a low condition , that it was hardly safe for him to deny them any thing which they could reasonably desire , which arguments the pamphleter not being able to answer , requireth a demonstration of his . errous from the records themseves , or otherwise no recantation to be looked for from him , fol. 10. whereas indeed it doth belong unto our author , according to the ordinary rules of disputation , both to produce a copy of that ancient order , and to make proof out of the journals of that house , that the new lords were excluded from their suffrage accordingly : and this since he hath failed to doe , the observators arguments remain un-answered , and the pretended order must be thought no order , or of no authority . in the businesse of the levy made upon the subject , anno 1626. there is little difference , the observator calling it a loan , because required under that name , in relation to the subsidies intended and passed by the commons in the former parliament , our author calling it a tax , as being a compulsory tribute , imposed upon the subject at a certain rate , and such is this affirmed to be in the following words , fol. 10. and this is no great difference , nor much worth our trouble ; only the pamphleter is mistaken , in making this loan or tax to be imposed upon the subject at a certain rate ; whereas the commissioners ( if i remember it aright ) imposed not any certain rate upon the subject ; but scrued them up as high as they could , with reference to their abilities in estate , and charge of familie . our author calling the members of the house of commons , anno , 1627. not only petty lords and masters , but even petty kings ; and finding that the observator marvelled at this strange expression , fitst puts it off upon king james , who having said the like before ( but rather in the way of jear than otherwise ) he thinks it no great marvell that a poor subject should use the same expression also , fol. 11. the difference is , that the pamphleter speaks that in earnest , which the king ( most probably ) spoke in jest ; and proves it by the power which the commons assumed unto themselves in the late long parliament , of whom he telleth us , that they were not petty lords , but lords paramount ; not petty kings , but superiours to kings themselves , ibid. t is true , he hath a kind of plaister to salve this sore ( for he would willingly write nothing but saving truths ) advertising that the expression above mentioned , doth not import what these gentlemen were de jure , but what de facto , and what in reputation ; but then withall he leaves it standing in the text , as a plain position , to serve as a president to the commons of arrogating the like powers unto themselves in succeeding parliaments . and in this he may be thought the rather to have some design , because he makes no answer to that part of the observation , which declareth out of the very writs of summons , that they are called only to consent and submit such resolutions and conclusions , as should be then and there agreed on by the kings great councill , or the great council of the kingdom ; that is to say , the lords spiritual and temporal , assisted by the reverend judges , and others learned in the laws . to make this position the more probable , our author telleth us , that the house of commons was then able to buy the house of peers , though 118 , thrice over , that is to say , although there were 354 lords in the house of peers . for this being called to an accompt by the observator , in regard of the low value which was put upon the peerage by it , he thus proceeds to make it good , valuing the estates of each l. in the house of peers ato more than 3000 l. per annum , and each member in the house of commons at no lesse than 2124l . per annum , one with another . whereas , unlesse he make the baronage of england to be very despicable , there were but few whose estates could be valued at so mean a rate , as on the other side there were not very many members in the house of commons whose estates exceeded the proportion which he puts upon them , some of them being of mean estates , and some of very little or none at all . but give him leave to set the members of each house at what rate he pleaseth , then he may as well enable the house of commons to buy the house of peers ten times over , as to buy it thrice . the observator having entred into a a consideration , why the bishops or spiritual lords should be left out by the author , in this valuation , as if they were no members of the house of peers , is answered , that if the bishops were members of the house of peers , then these words of his were turn-key enough to let them in ; if the observator say not , their exclusion is his own manufacture ? fol. 12. well applyed john ellis , and possibly intelligible enough in a place of manufactures , but nothing proper to the true meaniug of the word in the vulgar idiome . but let us take his meaning whatsoever it be , and in what country dialect soever , we may trade the word ; and yet all will not serve the turn to save our author from the purpose of excluding the bishops from the valuation , and consequently from being members of the house of peers ; my reason is , because it is affirmed by the observator , that there were at that time about an hundred and eighteen temporall lords , in the upper house , and therefore that the bishops were not reckoned in the calculation . this is so plain , that the pamphleters turn-key will not serve to let them in ; and i have reason to believe that he had as great a mind as any to thrust them out : it being one of his positions in the sheets unpublished , that the root of episcopacie had not sap enough to maintain so spreading and so proud a top as was contended for , fol. 185. whether the king did well or not , in passing a way the bishops votes , in the late long parliament , hath been considered of already , and therefore we shall need to say nothing here as to that particular . no parliament after this , till those of the year 1640. where the first thing that offers it self , is the stating of the true time of the charge brought in against the arch-bishop of canterbury , and his commitment thereupon . the observator following the accompt of that prelates diary , abbreviated and published by mr. prynne , anno 1644. doth state it thus , viz. that on wednesday the 16th day of december , a committy was appointed to draw up a charge against him ; that on the same day he was named an incendiary by the scotch commissioners , who promised to bring in their complaint on the morrow after , and that on friday morning , december 18. mr. hollis was sent up with the impeachment , and presently came in the charge of the scotch commissioners the pamphleter tells us from the journals ( if we may believe them , ) that on thursday december 17. there was a conference between the two houses , at which time the lord paget read the scotch charge against the archbishop , in which charge he was named an incendiarie , fol. 40. a man would think that the arch-bishops own diary written with his own hand , and in a matter which so nearly concerned his life , should find as much credit in the world , as any thing which the pamphleter pretends to have found in the journals , especially , considering how easie a thing it was ( as was proved before ) to abuse his credulity , and make him pay for false copies as if true and perfect . we found him in the snare before , when he was fain to rouse up mr. prynns ghost , to help him out of it ; and now there is do remedy ( for ought that i can see ) but to conjure up the silly shaddow of iohn brown , that famous clericus parliamentorum ( as he stiled himself ) to give him a cast of his old office in the present plunge . and yet upon these sorry grounds he builds his triumph , and doth not only reckon this among the observators mistakes , fol. 45. but tells him , that in this particular , he is as arrant an errant as ever was , fol. 39. if he must needs be an errant as you please to make him , you will allow him to be a knight errant at the least , i presume of that , and then none fitter than our author to be made his squire ; 't is pitty that such a don quixot should not have his sancho , especially considering how easily he may fit him , with some ifland , or other of the terra incognita , wherein the vice may spend his wit , and abuse his authority . our author telleth us , that the bishops , upon consideration of some antient canons forbidding them to be assistant in causes of blood or death , absented themselves at the tryal of the earl of strafford : in which he more mistakes the matter than i thought he did , or the observator hath observed . for whereas he conceivs the bishops to absent themselves , as if they did it by their own voluntary act , of their own accord , in reference to some antient canons : certain it is , that they were purposely excluded by the votes of both houses , from taking examinations , and hearing the depositions of witnesses in the course of that businesse , contrary to the former practice , and their antient rights , long time before this cause was btought to a publike tryal ; and that not in relation to any such canons , but for fear they might discover some of those secret practices which were to be contrived and hatched against him . against which preparations to a finall tryal , or taking the examinations , or hearing the depositions of witnesses , or giving counsell in such cases as they saw occasion ; the council of toledo saith nothing to their disadvantage ; and therefore is produced here by the pamphleter , to no end at all , but only for the ostentation of his mighty reading . the canon is , si quis sacerdotum discursor in altenis periculis extiter it apud ecclesiam proprium perdat gradum , that is to say ( in our own authors very words ) if any priest shall intermeadle in cases endangering the life of others , let him be degraded , fol. 40 , 41. hereupon i conclude against him , that the bishops were to be admitted to all preparatory examinations in the present businesse , because their counsell and assistance would have tended rather to the preservation , than conduced to the endangering of the parties life . our author being told by the observator , that the paper which contained the names of the straffordians , was not pasted on the gates of vvestminster , but on the corner of the wall of sir vvilliam brunkards house , makes answer , that the reports were various , concerning this paper , that some of them agreed with the observator ; and finally that for his part , he had fastned upon another place ; not undertaking to warrant the circumstance , but the thing , fol. 41. a very saving declaration , and of great advantage , of which if our author had bethought himself when he made his preface , it would have served his turn better and with less exceptions than to exempt himself so confidently from substantial falshoods , and as he hopes , ( i must be sure not to leave out that ) circumstantiall also . not undertaking to warrant the circumstance but the thing ? what a brave medicine have we here , a panpharmacon fitted for all diseases in his temporalities , and localties too . he may now confidently go on , in mistaking not only daies but years , in his super-semi-annuating , super-annuating , subter-trienniating , and subter-sexenniating ( for i must cant to him in his own language ) without all controul . he doth not undertake to warrant the circumstance , but the thing . he may misplace battels , feasts , and entertainments , with equal privilege . it is but a matter of locality , and mere point of circumstance , and t is resolved , his undertakings extend only to warrant the things themselves , and not the circumstances . how easily might the observator have excused the errour about the first trennium of p. baro , could he have gotten but a lick on my authors gallipot , and helped himself with the same medicine , when his need required . but this preservative , our author keeps only to himself , not having so much charity , as to allow any part of it to the observator , should he mistake only in a day . he makes it one of his mistakes in the generall catalogne , fol. 45. that he had erred concerning the protestation , that is to say , for saying the protestation was taken the very same day in which it was framed , before the members were permitted to go out of the house . whereas saith he , the protestation was debated on the 3 day of may , the ordering and framing thereof kept the house all that day , till late at night . so the journals of that week , which also present us with the reading , and taking thereof the next day by the whole house . fol. 41. these journals are an other of our authors helps , but upon examination prove to be only false and imperfect copies , as hath appeared by our inquiry into some of those which before were cited . but say his copies what they will , the observator shall not vary from what he said , nor save himself by declaring his undertataking , not to warrant circumstances so he had the thing . the author of the book entituled , a brief and perfect relation of the answers and replies of thomas earl of strafford , to the articles exhibited against him by the house of commons , &c. a very intelligent person , whosoever he was , and very punctuaal in the circumstances of time and place , doth declare it thus , viz. the house of commons sate all that day ( monday ) till 8 at night , nor were they idle all that time , but brought forth that protestation , or bond of association ( as they term it ) which is now in print , it was then drawn up , and without further processe or delay , before they came out subscribed by the whole house , except the lord digby , and an unkle or friend of his , pag. 87 , 88. if this suffice not as a countercheck to the pamphleters journals , let him consult the protestation it self , as it was first printed , where he shall find it with this title , viz. the protestation taken in the house of commons , may the 3. 1641. i could adde somewhat of my own knowledge , living then near the place , and taking notice of all businesses from day to day , but that i will not light a candle in so clear a sun-shine . if no consideration could be had of the observator , in the mistake but of a day only , had it hapned , so he is not to expect it in offences of a higher nature , wherein he is said to be so shamefully out , as never man was , out of the story beyond all measure , and out of charity beyond all religion , fol. 41. charged thus in general , the pampheter sets upon him with 5 particulars , relating to the conference between the king and the bishops in the businesse of the earl of strafford , that is to say : 1. these bishops were not sent by the parliament to the king , but sent for by him . 2ly . they were five , not four . 3ly . if any of them depended upon the judgement of the others , it was the bishop of london , who at the last meeting and consultation spake not one syllable . 4ly . the lord primate had no sharp tooth against the lieutenant . and 5ly . the convocation of ireland was not 1633. as the observator placeth it . to the last of these we have already answer'd in the former chapter , to the three first there are no proofs offered , but his ipse dixit , and therefore might be passed over without more adoe , but being magisterially delivered , and delivered ad appositum , to that which had been said by the observator , i will examine them one by one as they lie before me . and first he saith , that these bishops were not sent by the parliament to the king , but sent for by him , fol. 41. and for this we have his own word , worth a thousand witnesses , without further proof . but first i remember very well , that on saturday the 8th . of may , as soon as the house of peers was risen , i was told of the designation of the four bishops , that is to say , the lord primate of armagh , the bishops of durham , lincoln , and carl●le , to go the next day unto the king , to satisfie and inform his conscience in the bill of attainder . 2ly . the king had before declared , the satisfaction which he had in his own conscience , publickly , in the house of peers , on good and serious deliberation ; and therefore needed not to send for these bishops , or any of them , to inform it now . 3ly . if any doubt were stirred in him after that declaration , it is not probable that he would send for such men to advise him in it , in some of which he could place no confidence in point of judgement , and was exceedingly well anured in the disaffections of the other . for ( not to instance any thing in the other two can any man of wisdome think , that the king , out of so many bishops as were then in london , would put his conscience into the hands of the bishop of lincoln , a man so many times exasperated by him , newly re●ca●ed from a long imprisonment , and a prose●ed servant at that time to the opposite party in both houses , and with whose ●requent prevarications , he was well acquainted ▪ or that , he would confide any thing in the judgement of bishop potter , a man of so much want , so many weaknesses , that nothing but the lawen sleeves could make him venerable and , so most like to be the man whose syllogism the king faulted for having four tearms in it , of which the pamphlet tells us , fol. 42. none but a man of such credulity as onr authors is , can give faith to this , and i must have some further proof , than his ipse dixit , before i yield my assent unto it . he saith next , they were five , not four , fol. 42. and five there were indeed , i must needs grant that , but neither sent to him , or sent for by him . for the truth is , that the king hearing of the designation of the other four , sent for the fifth , the bishop of london , to come to him in the morning betimes , with whom he had s●●e preparatory conference , with reference to the grand encounter which he was to look for ; and from him he received that satisfaction mentioned in the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 chap. 2. that bishop counselling him , not to consent against the vote of his own conscience , as is there affirmed . so we have here five bishops , in all , that is to say , four sent to him by the houses of parliament , and the fifth sent for by the king ; ei●her the diligence or intelligence of ou author being wanting here , as in many other things besides , though he will by no means ye●ld to have failed in either . but thirdly , if any of them depended on the judgment of the others , it was the bishop of london , ibid. whether with greater injury to that bishop , to have his judgement thus pinned on another mans sleeve , or to the king in choosing so unfit a counseller to inform his conscience , it is hard to say . our author in the first edition had told us of him , that he was none of the best scholars ; and the pamphleter brings this argument now in full proof thereof . but how is this dependency proved ? because ( saith he ) at the last meeting and consultation he spake not one syllable . a most excellent argument . he spake not a syllable at the last meeting ; ergo , he spake nothing in the first . for if it be granred , that he declared himself in the first conference , though not in the last , it is enough , accotding to our authors logick , to save himself from the imputation of depending on another man. or thus , admitting it for true , that the bishop spoke nothing in the first conference neither , the argument will be as faulty as it was before . the bishop of london , spoke nothing , not one syllable , during the whole time of the consultation , ergo , which is in english therefore , he depended on the judgment of the other four . for if he spake nothing all the while , how can the pamphleter assure us , what his judgment was , or upon whom it did depend ? but the truth is , that wise prelate , knew the temper of those present times , and how unsafe it would be for him to declare himself against the sense of the houses , and therefore having declared his judgment in the morning privately , and thereby given the king the satisfaction before mentioned , he rather chose to hear what the other said , than to say any thing himself . whether the lord primate had any sharp tooth against the lord lieutenant or not , i dispute not now , the parties being both dead , and the displeasures buried in the same grave with them , which for my part i am not wilto revive . but as to the occasion of them ( whatsoever they were ) in repealing the first articles of the church of ireland , and the debates between the lord primate and the bishop of derry , i have already vindicated the observator in the former chapter . the rest which doth remain in this redious nothing , which taketh up so great a part of rhe pamphlet , consisteth of some offers of proof , that there was a more than ordinary dearnesse between the lord lieutenant and the lord primate ( by consequence no sharp tooth , no grudge upon either fide ) a thing ( saith he ) so likely , that it is almost demonstrable . and first ( saith he ) the lieutenant did from time to time advise with the primate concerning his answer to his change , fol. 42. a thing so far from being almost demonstrable , that it is not likely . for let me ask ( for i hope it will be no abusing of your patience , my most eloquent cicero , to ask one question ) whether he advised with the primate in point of matter , or of form , in framing his answer to the charge . i know you do not think the primate so great a lawyer as to be counselled and advised with , for putting the answer into form. the lord lieutenant being furnished with more learned counsell as to that particular . and i think also that you know , how able the lord lieutenant was , how well studied in his own affairs , how well provided of all advantages , in order to the following tryal , and consequently how unusefull the lord primate must needs be to him , as to the matter of his answer . and whereas it is secondly said , that after sentence he desired and obtained of the parliament , that the primate might be sent to him , to serve him with his ministerial office in his last and fatal extremity , fol. 43. there was good reason for this too , though it make nothing at all to our authors purpose . for first the english bishops were engaged in a dayly attendance , both in parliament and convocation , not to be taken off ( had he desired it ) upon his concernments , especially considering , that the lieutenant had desired the lord primates company , not only from the time of his sentence ( as the pamphleter saith ) but from the very time that the bill of attainder was formed against him . and 2ly . had he made it his request to have some or any one of the english bishops to assist him , and advise with him in that last necessity , it is most probable , the fears and jelousies of the time considered , that the sute had absolutely been rejected . as for his taking him by the hand , and leading him along with him to the scaffold , there wanted not very good reasons to induce him to it . 1. to declare to all the world the reality and sincerity of their reconciliaty , the utter abolition of all former differences . and 2ly . that the christianity and piety of his last deportment , reported from the mouth of one , who was known to be none of his greatest friends , might find the greater credit amongst his enemies . i see my man of law is a sorry advocate , though he may be good for chamber-councel ; for never was good cause more betrayed , nor ill worse managed . having thus done with the pamphleter , as to this particular , i should proceed to my next and last chapter ; but that i must needs meet with doctor bornard , whom i left but now upon that promise . not thinking he had edified sufficiently by the general doctrine of the certificate , without a particular application , he makes a use of admonition and reproof to the observator , and fearing that might not be enough to confound the man ( for it appeareth not , that ●e aimed at his conversion ) he must needs have a fling at him in his sermon preached at the lord primates funeral ; in which he had some words , to this , or the like effect , as i am credibly informed , viz. there is one thing which i cannot forbear ( and am wished by others also to it ) and that is to vindicate him from the unjust a●persions of a late observator , as though he had advised the king to sign the bill for the earl of straffords death , and afforded some distinction between his pe●sonal and politique conscience : a matter altogether false , as the lord primate himself had declared in his life time , adding , that there was something in the presses to justifie him against that presumptuous observator . this is the substance of the charge , in the delivery whereof i think the preacher might have made a better panegyrick , had he been quite silent , and not awakened those inquiries , which are so little advantagious to the memory of that learned prelate . howsoever , if his zeal had not eaten up his understanding , he should have gone upon good grounds , and not have charged that on the observator , which he finds not in him . where finds he in the observator , that the lord primate advised the king to sign the bill for the earl of straffords death ? nowhere i dare be bold to say it , and if h● can find no body else upon whom to father it , the calumny ( if such it were ) must rest at his own dores as the broacher of it . the observator only saith , that he was one of those four bishops sent to the king by the parliament to inform his conscience , and bring him to yeeld unto the bill . that the primate had couceived a displeasure against him , for abrogating of the articles of religion established in the church of ireland , anno , 1615. and that the kings conscience was not like to be well informed , when men so interessed were designed unto the managing and preparing of it . all this might be , and yet for all this it might not be , that the lord primate advised the king to sign the bill . so that in brief , the preacher first raised this calmny against the primate , and then calumniates the observator to make it good , audacter calumniare necesse est ut aliquid haereat , charge but the observator home , the presumptuous observator ( so the preacher called him ) and that will be sufficient proof to make good the calumny . lesse reason is there in the next , the second part of the charge , though none in this , there being no such thing in the observator , as the distinction between the kings personal and politique conscience ; the preacher must look for that elsewhere , if he mean to find it . the presumptuous obsertator was not so presumptuous as to write things which till that time he never heard of , and possibly had never heard of them at all , if as well he as others had not been awakened by the preacher to a further search . and now upon a further search , i can tell the preacher where he may easily satisfie himself , if his stomack serve him . let him but rake a walk in the second part of dodonas grove , he shall find it there . and if not satisfied with that , i shall direct him to some persons of worth and honour , from whom he may inform himself more fully in all particulars . but as it had been better for him had he not startled this inquiry in a publique audience , for which he could not find just grounds in the observations ; so i conceive that he will do that reverend person , and himself some right , if he suffer it to die with the party most concerned in it , without reviving it again by his double diligence . non amo ●inium dilige●tes , is a good old rule ; but causa patrocinio non bona pejor erit , is a great deal better . chap. ix . the duke of buckingham and the earl of bristol absolved from treason by our author . of the papers found sticking in feltons hat , and that they prove not , that the late remonstrance of the house of commons , was the motive to his killing the duke . the historian seems not unpleased with the fact , or involves a great part of the nation in the guilt thereof . fame and reports much built on by our author in the course of his history , and to what intent . the history rectified b● the observations in the case of knighthood , the subjects summoned to the coronation were to receive that order , in ( our authors own confession ) if tbe king so pleased . sir edward cooks opinion in the case examined . the pamphleters notable arguments for the sw●ord and surcoat . of the earl of newcastles two great feasts at welbeck and and belsover . our author removes one of his mistakes from guild-hall to cornhill . the pamphleters causeless quarrell with the observator , in reference unto the battel at rostock ; no such beleguering of that town , no such battel , nor any such ingagement of the armies , ( before the battel of lipsique , ) as the history mentioneth . the history rectified in the first issuing out of the writs for ship money . and the observator quarelled for directing in it . the pamphleters grosse errour in pursute of that quarrell , together with his equity and ingenuity in the managing of it . young oxenstern was denied audience by king charles . of what authority an eye witniss is , in point of history . the pamphleters weak defences , for his errour in that particular . he rectifieth his own discourse of the first differences between the king & the scotish lords by the observator . his quarrels with him , and corrections of him , quite besides the cushion . the observator justified touching the constituting of the lords . of the articles in the scotish parliaments . our authors false arithmetique in substracting from his own errours , and multiplying the supposed mistakes of the observator . his sharp expostulation , how unjustly grounded . the close of all . this chapter will be like that of champion in his decem rationes , which he calls testes omnium generum ; an aggregate body , a collection of incoherencies , as commonly it hapneth in the fag-end of such discourses , in which a man hath not the liberty of using his own method , otherwise than as the author whom he deals with shall give way unto it . and the first thing we meet with , is the absolving of the duke of buckingham , and earl of bristoll from the crime of treason , wherewith our author had reproached them in the first edition : where shewing ▪ how passing jocund many good men were at the contest betwixt those great persons , h● addeth , that the question seemed not in the sense of many , which was the traytor , but which the most , hist . fol. 29. both charged as traytors , in the first , and both absolved from being traytots by leaving out this passage in the second edition . for this he is beholding to the observator , from whom he a●so takes a hint , of giving us a full copy of the dukes charge against that earl , which before we had not . now i would fain learn of him , whether this censure thus expunged were true , or false , whether it seemed so in his own sense , or in the sense of others . if if be false , why was it put in the first ; if true , why is it left o●t in the second . if so they seemed in his own sense , why doth he not declare how , and by whom his sense was altered in that point ? but if it were the sense of others , i would know the reason why he should suppresse it in this place , where it relates only to a private person , and stand unto it in all points concerning episcopacie , the clergy , and the convocation , which still stand under the same tearms of reproach & obloquy , as before they did , how so ? because saith he , he speaks the sense of others and not his own , and passing as the words of others , they shall remain in evidence to succeding times , against all those concerned in it , though it be proved how much they are calumniated and abused in those scandalous passages . yet deals he better with these great persons , than he doth with mr. attorney noye ; whom ( notwithstanding the vindication of him , by the observator , which he is not able to refute , ) he leaves still under the defamation of prating and bawling , giving him the odious title of a projector , a subtile enginier , a man of cinicall rusticity , with others of like nature , unworthy appellations for so brave a man. but kissing goeth by favour , as the saying is , and our author loves to write ( none more ) with respect of persons , and to make history do the drugery of his own despight , though his preface ( if it could ) would perswade the contrary . the next thing which occurs , but not so easily reducible to any of the former heads relates to the sttory of that horrible paricide , cōmitted by john felton , on the person of the duke of buckingham . concerning which our author had told us in his history , that the said felton had stiched a paper in his hat , wherin he declared his only motive to the fact was , the late remonstrance of the commons against the duke , & that he could not sacrifice his life in a nobler cause , than by delivering his country from so great an enemy . to which the observator answereth , first in the way of position , not that there were no papers found stitched in his hat , as the pamphleter fasly charged on him , fol. 45. but that there were no such papers foundin his hat or elsewhere about him , as the historian mentions , and 2ly . in the way of explication , that the first to whom that particular motive was communicated , was one dr. hutchenson , sent by the king ( upon the first hearing of the news , ) to sift it out of him . against this last the pamphleter hath nothing to say . for taking it upon his word , ( which we need not do ) that captain harvey signified as much , in his letter dated the same day , fol. 13. yet this concludes not in my logick , nor in no mans else ( but his that thinks himself an allsteed ) that that vile murtherer did first communicate it unto him , before the doctor by working on his conscience had first got it out of him . but this is like the rest of our authors arguments , viz. captain harvy , being one of those to whose custody he was committed , did signifie it on the same day to his friends at london , ergo it was not first confessed to doctor hutchenson . but captain harveys letter saith more than this . felton ( saith he ) told me he was to be prayed for next day in london , therefore ( for one of these conclusions must needs follow on it ) either felton had acknowledged to him , that the late remonstrance did induce him to kill the duke ; or that it was affirmed to be so , in the papers which were stitched in his hat . now for the matter of those papers ; that which they are produced for , is to prove this point , namely , that his only motive to the fact , was the late remonstrance of the commons against the duke . and if they prove not this , as i think they doe not , they prove nothing against the observator , nor to the purpose of our author . now the first paper had these words , as the pamphleter telleth us , viz. i would have no man commend me for doing it , but rather discommend themselves : for if god had not taken away their hear●s for their sins , he had not gone so long unpunished . the second paper had these words , viz. the man is cowardly base in mine opinion , and deserves neither the fame of a gentleman or souldier , that is unwilling to sacrifice his life , for the honour of god , his king , and country . to both these he subscribes his name , and copies of both these were sent the same day by captain harvy to his friends in london , but neither of them do declare , that his only motive to the fact , was the late remonstrance of the commons against the duke . the man might possibly be set on , and his discontents made use of to this barbarous murder , by some of those who wished well to this remonstrance ( i deny not that ) and it may be believed the rather , because the pictures of the wretch being cut in brasse , and exposed to sale , were caught up greedily by that party , and being the copies of these letters were printed in the bottom of it , it is more probable that our author might have them thence , than from the letters of the captain ; but that he was induced to it by the remonstrance is more than any man of common sense can collect from those papers ; and therefore very ill brought in with so much confidence and ostentation , to prove that positively , which by no logical inference can be gathered from them . if ever man were animal rationale risibile , that is to say , a creature ridiculous for his reasoning , it must needs be this . but certainly , our author could not possibly be so much out , in his rational and discursive faculties , had he not wished well unto the man , and approved the fact. he had not else accounted it an exploit of glory , or put that glosse upon the meaning of the wretch , that he had stitched those papers into the lining of his hat , for fear , lest the supposition of private revenge would infame and blemish the glory of the exploit ; nor had he told us , that it pleased the common man too well , and that in vulgar sense , it rather passed for an execution of a malefactor , and an administration of that justice dispensed from heaved , which they thought was denied on earth , fol. 91. never did man so advocate for a willfull murder , or render a whole nation so obnoxious to it , and so guilty of it ; there being little difference , if any , between the rejoycing at such facts , when done , and consenting to them ; cicero speaking of the murder of julius caesar , hath resolved it so , viz. quid interest utrum velim fieri , an gaudeam factum ? he that applaudes a murder acted , rendreth himself an accessary to it , before the fact . we have not done with felton yet , for our author told us that his bodie was from thence conveyed to portsmouth , and there hung in chains , but by some stole and conveyed away gibbet and all . the contrary being proved by the observator , and the thing too plain to be denied , he hath since rectified his history , as to this parricular , not on the credit of the observator ( no , take heed o● that ) but because told so by his betters . yet still he must be standing on his justification , and as long as he hath any common fame , or confident report ( be it never so erroneous ) to pretend unto , he conceives that sufficient for him , fol. 14. upon this ground , the honour of the countess of buckingham shall be called in question ; and an affront falsly reported to be done to publique justice , shall passe into his annals as a matter of truth . he could not else instruct posterity , or the present age , how to defame the honour of ladies , or commit the like rapes upon the law , without fear of impunitie , if either such superfaetations of fame ( in his canting language ) should not passe for truths , or otherwise be wondred at as no grounds for history . if no such consequent follow on it , we must not thank the history , but the observations . in the next place , our author had told us in his history , that there was an old sculking statute long since out of use , though not out of force , which enjoyned all subjects , who had not some special privilege , to appear at the coronation of every king , ad arma gerenda , to bear armes , not to be made knights as was vulgarly supposed . in this passage there are two things chiefly faulted by the observator ; first his reproaching of that law , by the name of an old skulking statute , which lay not under the rubbish of antiquity , but was printed and exposed to open view , and therefore needed no such progging and bolting out , as is elsewhere spoken of ; and 2ly . his glosse upon it , as if it only signified the hearing of arms , and not receiving the order of knighthood , as had been vulgarly supposed , the contrary whereof was undeniably , and convincingly proved by the observator . he hath now fully rectified the first expression ▪ but seems to stand still upon his last . the first expression rectified thus , viz. by the common law there was vested in the kings of this realm , a power to summon ( by their writs out of the chancery ) all persons possessing a knights fee , and who had no special privilege to the contrary , to appear at their coronation , &c. fol. 115. so then , the antient common law , explained and moderated for the ease of the subject , by the statute of king edward 2. is freed from the reproachfull name of an old skulking statute ; we have got that by it , the observator being justified in our authors pamphlet , for so much of his discourse as concerns that point . and to the rest of that discourse , proving that all those who were masters of such an estate as the statute mentioneth , were by the same bound to be made knights , or to receive the order of knighthood , and not simply to bear arms , or to receive a sword and surcoat out of the kings wardrobe , as the author would have had it in his first edition ; he comes up so close , as could be scarce expected from him . for first he telleth us in the text of his new edition , that such as appeared at the coronation , were to receive a sword and surcoat ( he still stands to that ) as the ensignes of knighthood : and therefore questionless to receive the order of knighthood also , if the king so pleased : and 2ly , he confesseth in his comment on it out of matthew paris , that king henry the 3. fined all the sheriffs of england five marks a man , for not distraining every one having 15 l. per annum , to be made knights , as he had commanded ; adding withall , that he had read of the like precept of king edward the first , fol. 20. so then , the subjects were not called together to the coronation , ad militiae a●ma gerenda , to bear arms only , but to receive the order of knighthood ; we have got that too . but all this while the king is like to get nothing by it , if our author might be suffered to expound the law ; against which he opposeth only the authoritie of sir edward coke ; a learned lawyer i confess , but not to be put in equal ballance with the law it self . well , what saith he ? now ( saith he ) tempora mutantur , the times are changed , and many a yeoman purchaseth lands in knights service , and yet ( non debet ) ought not , for want of gentry , to be a knight : and a little after , the fine to the mark , which is chiefly aimed at , fol. 20. and in these words , taking the citation as i find it , i observe these things , 1. that sir edward cokes non debet cannot bind the king , who may as well make leathern knights as leathern lords , ( as our author phraseth it elsewhere ) the sword of knighthood taking away the blemishes of vulgar birth , and stating the receiver of it , in the rank and capacitie of gentry . were it not thus , the door of preferment would be shut against well deservers , and neither honour gained in war , nor eminencies in learning , nor fidelity in service , nor any other consideration in the way of merit , would render any person capable of the order of knighthood , for want of gentry , or being descended only from a house of yeomanrie . 2ly , i observe , that though he would not have such petsons honoured with the title of knighthood , ( lest else perhaps that honourable order might grow despicable , were it made too common ) yet he confesseth , that they were to fine for it ( if i understand his meaning rightly ) at the kings pleasure . 3ly . i observe how lamely and imperfectly the pamphleter hath delivered the last words of his author ; which makes me apt enough to think , that he intended to say somewhat to the kings advantage , if he had been suffered to speak out . and 4ly , if sir edward coke should resolve the contrary , and give sentence in this case against the king , yet i conceive it would have been reversible by a writ of error ; that learned lawyer , having been a principal stickler for the petition of right in the former parliament , and therfore not unwilling to lay such grounds , whereby the king might be forced to cast himself on the alms of his people . as for the sword and surcoat , affirmed to be delivered by the lord high chamberlain , out of the kings wardrobe , to such as were summoned to appear ; he still stands to that , not thinking it agreeable to his condition to yield the cause , if not found against him by the jury ; the point to be made good is this , that such as were summoned to the coronation , were to have every man of them a sword and a surcoat delivered to him out of the kings wardrobe by the lord high chamberlain , if the kings service so required ; which he proves by these infallible witnesses . gent. of the jury , stand together , & hear your evidence . the first witness is an eminent antiquary , than whom none can be fitter to give testimony to the point in hand ; but he alas is long since dead , and it were pity to raise him from the dust of the grave , ( as we have done the cl●ricus parliamentorum , and mr. john pym , in another case ) for fear he put the coutt into a greater fright , than when the solemn assizes was at oxford . such a witness we had once before in the case of the late convocation , a credible and a knowing person , as the pamphletet told us ; but nameless he , for blameless he shall be , quoth the gallant sydney ; and here we have an eminent antiquary , but the man is dead , dead as a door-nail , quoth the pamphleter in another place . a nameless witness there , a dead witness here , let them go together . the next witness is old matthew of westminster , who , though dead , yet speaketh , who tells us , that king edward the 1. sent forth a proclamation , that all such persons , who had possessions valued at a knights fee , should appear at westminster , &c. what to do , he tells you presently , admissuri singuli ornatum militarem ex regia garderoba , to receive military accoutrements out of the kings wardrobe , fol. 20. this witness speaks indeed , but he speaks not home . the point in issue , is particularly of a sword and a surcoat , the witness speaks in general , of ornatus militaris only ; but whether it were a sword , a surcoat , or a pair of spurs , or whatsoever else it was , that he telleth us not . so the first witness speaking nothing , and the second nothing to the purpose , the pamphleter desires to be non-suited , and so let him be . he tels the observator , fol. 36. that his arguments are nothing ad rem , and besides the cushion . but whatsoever his arguments were , i hope these answers are not only ad rem , but ad rhombum , and rhomboidem also , and so i hope the pamphleter will find them upon examination . in the great feast at welbeck there is no such difference , but may be easily reconciled . that the earl of newcastle entertained the king at vvelbeck , is granted by the observator , and that it was the most magnificent entertainment which had been given the king in his way toward scotland , shall be granted also ; which notwithstanding , it was truly said by the observator , that the magnificent feast so much talked of , was not made at vvelbeck , but at balsover castle ; nor this year , but the year next after , and not made to the king only , but to the king and queen . in the first of which two entertainments , the earl had far exceeded all the rest of the lords , but in the second exceeded himself , the first feast estimated at 6000 l. to our author at york , but estimated on the unwarrantable superfaetations of fame , which , like a snow-ball , groweth by rowling , crescit eundo , saith the poet : or like the lapwing , makes most noise when it is farthest from the nest , where the birds are hatched . the observator took it on the place it self , when the mo●ths of men were filled with the talk , and their stomacks not well cleared from the surquedries of that mighty feast ; by whom it was generally affirmed , that the last years entertainment ( though both magnificent and august in our authors language ) held no comparison with this . so that the one feast being great , and the other greater , the observator is in the right , and our author was not much in the wrong . more in the wrong he doth confess in the great entertainment given to the city by the king , affirmed before to have been made at the guild-hall , but now acknowledged upon the reading of the observations , to have been made at alderman freemans , fol. 22. this he hath rectified in part , in the new edition , and it is but in part neither . for whereas he was told by the observator , that the entertainment which the city gave at that time to the king , was at the house of alderman freeman , then lord mayor , situate in cornhill , near the royall exchange , and the entertainment which the king gave unto the city , by shewing them that glorious masque , was at the merchant-tailors hall in thread-needle street , on the backside of the lord mayors house , an open passage being then made from the one to the other : our author placeth both of them in the aldermans house . thei● majesties saith he , with their train o● court-grandees , and gentleman revellers , were solemnly by alderman freeman , then lord mayor , invited to a most sumptuous ▪ banquet , at his house , where that resplendent shew was iterated and re● exhibitted . hist . fol. 134. this ( by his leave ) is but a tinker-like kind of reformation , they mend one hole , and make another , that gallant shew , not being ●terated and exhibited in the lord mayors house , but in the merchant-taylors hall , as more capable of it . it is an old saying and a true , that it is better coming to the end of a feast , than the beginning of a fray. which notwithstanding , i must needs goe where the pamphleter drives me , that is to say , to a great and terrible fight near rostock , which i can find in no place but my authors brains . he tells us in his history , that tilly condacted a numerous army of thirty three thousand foot , and seven hundred horse for the relief of rostock then besieged by the king of sweden ; that the king alarmed herewith drawes out of his trenches , to entertain him , seventeen thousand foot , and six hundred horse ; that in conclusion of the battle tilly was put unto the worst , and his army routed ; and that finally upon this victory he immediately stormed the town , and carried it , hist. fol. 112. the observator finding no such rout given to tilly near rostock anno 1630. where our author placeth it , conceived it might be meant of the battell near lipsique , anno 1631. and made his observations accordingly . and upon this he might have rested , had the pamphleter pleased , who in his introduction to the feast at welbeck advertise●h that the observator mentioneth a battel at lipsique , spoken of before , but where he knows not , only conjectures that he had a good will to take him to task for a misplacing a battel , he supposes at rostock , but upon better consideration , he found his errour to be his own , and not the authors , and therefore cut out the leafe containing the 101 , 102 pages , wherin his mistake lay , leaving that paragraph tyed head and heels together fol. 21. did ever man so lay about him in a matter of nothing , for such is both his fight near rostock , and this long prattle which he makes of the observator . for first , the lease which contained the 101 and 102 pages , was never cut out ; 2ly there is no such incoherence in any of the paragraphs there , as if head and heels were laid together ; 3ly . the leaf which was cut out , contained 107 and 108 pages , and was cut out , not in regard of any thing there spoken of our authors battel , but the misplacing the train of captives , and the rear of the triumphant masque , occasioned by the negligence of the printers only : 4ly . that , in the leaf containing pages 101 , 102. the author might have found mention of the battell of lipsique , which he saith he knows not where to find , saying , that he , the observator , mentioneth a battel at lipsique spoken of before , but where he knows not , one evident argument , that either he looked but carelesly after it , or was not very willing to find it . and to say truth , it had been better for him , to have passed it by , for then he had been only chargeable with some prudent omissions ( as we know who was ) whereas by speaking in his history of a battel of rostock , and seeming offended to be taxed for misplacing of it , he layeth himself open to the assaults of his adversaries . i have consulted diligently , the history of the sweedish war in germany till the death of that king , writen in latin by cluverut , together with that translated out of italian by the earl of mo●mouth , ( on whose authority the pamphleter relieth in another place , ) but can find nothing in either of them , either of any such seige or of any such battell , or of any such storming of that town as my author speaks of . all that i find concerning rostock , shall be summed up thus , namely , that having sollicited , and practised the people of rostock to declare for him in that war , he was peaceably received into it ; that having left no garison in it , it was surprized by the imperials , and strongly fortified ; that the king having recovered all the dukedom of mecklenburg , except the towns of rostock and wismer , and not willing to waste time in besieging either , he fortified anclam , to bridle the garisons of those towns , and secure the country ; and finally , that after the great battel of lipsique , the duke of mecklenburg , and marshal tod , a commander in the swedish army , laid siege to rostock and reduced it , the town not being otherwise stormed than by want of victuals . next for the engagement of the armies , i find that tilly having mustered up his united forces , and finding them to consist of 34000. fighting men , drew thrice toward the king ; first as he lay intrenched between landsperge and franckford on the oder , in the marches of brandenburg . 2ly , as he lay intrenched near werben , not far from the territory of magdeburg . and 3dly , in his retreat by tangermond to his faster holds : that there was no ingagement between the armies at all in the two first times , and only some light skirmishes in the third , without considerable disadvantage unto either side ; the armies never engaging , till the battel of lipsique , in which tilly received that dismal rout , which opened the kings passage into franconia and the rest of germany . besides which , it is more than certain , that if tilly had received any such rout , as our author speaks of , he could not have proceeded , as he did , to the sack of magdeburg ; nor would he king have suffered him to recruit again after such a rout , wherein he had taken 16. canons , 30 ensigns , and 32 cornets of horse , and scattered the whole imperial army , opening thereby a way to relieve that city , which tilly had besieged for declaring in his behalf , without any other provocation . so that i must behold this siege , this battel , and the s●orming the town upon it , as matters to be found only in the pamphleters dreams ; not otherwise to be excused , but that our author writing the history of the reign of king charles , intends only to justifie such things and actions , as have reference to the 16 years whereof he treateth in that history , and that he neaver meant it of such things as were taken in by the by , as he declares himself , fol. 8. a very saving declaration , and of as great advantage to him , as the parliament journals , or any of his witnesses , either dead or namelesse . our author had told us in his history , that presently on the discovery of mr. atturney noyes design , he issued writs to all the counties in the realm , requiring that every county should for defence of the kingdom , against a day prefix'd , provide ships of so many tun , &c. to this the observator answereth , that in the first year of the payment of shipmoney , the writs were not issued to all the counties in england , as our author tells us , but only to the maritime counties , &c. and that in the next year , not before , the like writs issued out to all the counties in england , that is to say , anno 1636. what saith the pamphleter to this ? first he acknowledgeth his error , and hath rectified it in the last edition ; but adds withall , that the observator gives him two for one : in saying first , that the ship writs were directed in the first year to the mari●ime counties , whereas it was to the port towns only ; and 2ly , in saying that the ship writs were directed to all the counties , anno 1636. whereas saith he , it was 1635. fol. 25. for the first of these , he offereth no proof but his ipse dixit , and of what authority that is , we have seen already . he telleth us positively in his preface , that for matter of record he hath not consulted the very originals , but hath conformed himself to copies ; and having been so often cozened in the false copies of journals and rep●rts , i can see no armour of proof about him , to keep his credulity from the wounds made by false records . but 2ly , taking it for true , as perhaps it is , that the first writs were directed to the maritime or port towns , only ; yet being the maritime or port towns , stand in the maritime counties , it is not very much out of the way , to say that the first writ● were directed to the maritime counties : not so much , i am sure , as to say they were directed to the mediterraneans or highlanders , in our authors canting , unlesse by such a fictio juris as our common lawyers call an action of trover , a port town may be said to be in the midland countries . for the second he offereth us some proof , telling us those writs were issued out anno 1635. as a consequent of the opinion of the judges in that novemb. but will the pamphleter stand to this , will he stand to any thing ? if so , then certainly he is gone again . the opinion delivered by the judges , was grounded on a letter sent unto them from the king , with the case inclosed ; which letter bears date the 2d . of february in the 12th year of his majesties reign , anno 1636. and is so dated by our author , fol. 143. considering therefore that this letter led the way unto their opinion , it is impossible to any common apprehension , that the judges should deliver their opinions 14 moneths before the letter came to them , that is to say , in the moneth of novemb. anno 1635. and this i take to be a subter or a super-annuating in his temporalties , and that too in such things and actions as relate to the history of king charles , and not in things extrinsecal , as the battel of rostock , or in things taken in on the by , as the synod of dort. but for the ingenuitie of the man , and his equitie too , the observator had informed him of some other mistakes about this business ; as first , his making the earl of northumberland admiral of the first years fleet , whereas it was the earl of lindsey ; and 2ly , in affirming , that the king upon the archbishops intreaty , had granted the clergy an exemption from that general payment , whereas in●●●● there was no such matter . the first of these he hath rectifyed in the history , and confessed in the pamphlet ; the second he hath rectifyed without any acknowledgement , either of the observators information , or his own mistake : and finally ( so indulgent is he to his own dear self ) ranking it amongst the errors ascribed by him to the observator , for making the first writ to be directed to the maritime counties , whereas saith he , it was to the maritime or port towns only , he reckoneth it not amongst his own , in saying that they were directed to all the counties of the kingdom , the mediterraneans and highlanders amongst the rest . rather than so , ships shall be sayling on the mountains , and cast anchor there , whales shall be taken up in cotswold , and shelfish crawl in shoals on the top of the chilterne , as they did once in the dayes of pythagoras , whom our author hath so often followed in his ipse dixi● , that he will credit him in this also ; of which thus the poet , — vidi factas ex aequore terras , et procul a pelago conchae jacuere marinae et vetus inventa est in montibas anchora summis . that is to say . oft have i seen that earth , which once i knew part of the sea , so that a man might view huge shels of fishes on the up-land ground , and on the mountains top old anchors found . in the embassage of young oxenstern to the court of england , it is said by our author , that he was denied audience by the king. the contrary affirmed and proved by the autoplie , ( one of our authors own words ) of the observator , whose curiosity had carried him to behold that ceremony . i have heard it for a rule amongst some good women , that a man ought to believe his own wife , before his own eyes ; but i never heard it for a good rule in law or history . not in the practice of the law , in which it is a noted maxim , plus valet occulatus testis unus , quam auriti decem , that is to say , that one eye-witnesse speaking to a matter of fact , is of greater credit than ten that take it up on hear-say . much lesse in history , the word being anciently derived 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which signifieth to see , intimating the relation of such remakable accidents at the performance of which the author himself was present . apud veteres enim ( saith isidore in his origines ) nemo scribebat historiam , nisi is qui interfuisset , et ea quae scribenda essent vidisset ; and though the customary use of the word , hath now taught it a more ample signification , yet an eye-witnesse in point of story is more to be believed than any of those which take up matter upon trust . which notwithstanding against this ocular observation ( as he calls it in another place ) of the observator , he opposeth the authority of an italian author in his history of the wars of christendom , he confesseth in the pamphlet , to be no competent judge of our affairs ; and yet because the earl of monmouth doth translate it so , it can be no otherwise . how so ? because , saith he , that earl is a person of so much honour and knowledge in this businesse , as he would have given us some marginal caveat , had it been so wide of truth as the observator would make it , fol. 26. here is a non sequ●tur , with a witnesse : the history of galiazzo , was translated by the earl of monmouth , ergo his testimony taken upon hear-say , to be believed before that of the observator , though speaking as an eye-witnesse to the thing or thus , the earl of monmouth is a person of honour , ergo he must confute his author by some marginal note , in a matter which he never heard of ; or thus , the earl is a person of great knowledge , ergo he knoweth all things which are done in court , though not present there . the premises i grant for truths , most undoubted truths , but the conclusion follows as unluckily , as it doth in this enthymeme , homo est animal implume bipes ; ergo , gallus gallinaceus non vertit stercorarium . as sweet a conclusion in the one as there is in the other . in laying down the true occasion of the scotist broils , the pamphleter seems willing to contribute something to the observator , but in effect adds nothing pertinent which he finds not there . only i shall observe two things in the course of his narrative . for first , whereas he undertakes to illustrate and rectifie the story , as he finds it in the observator , he hath indeed rectified his own errour by it . in the unpublished , sheets where this narration was to passe , as a part of the history , we find it said , that when the lord maxwell came and entr●d the councel of scotland , the lords refuse● to admit him , as many ways uncapable of such authority . fol. 18. but in the story as it lyeth before us in the present pamphlet , be hath rectified this passage by the observator , ●elling us that he went no further than barwick where being informe● that his person was so generaly ha●ed as even to the very undoing of his glorious coach , he dust goe no further , but po●●ed back again unto the court , fol. 32. but 2ly . finds he nothing faulty in the story of the observator ? yes , he first finds fault with him for saying , that the king intending a parliament in that kingdom , appointed the earl of niddisdale to preside therein , and furnished him with instructions , for passing of an act of revocation of abby-lands and lands of bishopricks ; whereas ( saith he ) he was commissionated with the earl of anandale , for summoning a parliament ( not for revoking of church and other lands formerly invested in the crown ) but for contribution of monies and ships against the dunkirkers , fol. 31. but this assuredly thwarts with nothing delivered by the observator , the observator no where saying , that the parliament was to be summoned , for revoking of church and other lands formerly invested in the crown ; but that the lord maxwell , or earl of nidisdale ( call him which you will ) was furnished with instructions for passing an act , to the purpose above mentioned . and furnished he might be , with such secret instructions , though there was nothing to that purpose in the writ of summons , by which that parliament was called , or in the commission it self , by which he was appointed and authorized to preside therein . much lesse doth that thwart any thing in the observator , which the pamphleter gives us in the close , when the scotch lords and maxwell were brought face to face before the king , and when upon some bugwords spoken by the scots , his majestie told them , and not before , he would make them restore all to the crown , which they had taken from it in his fathers minority , fol. 32. which , whether it be true or not , is neither ad rem , nor ad rhombum , as to this particular ; it being no where said by the observator , that the king had told him so beofre . so that this long impertinency , might have well been spared , but that the pamphleter had a mind to say something in it , though , he knew not what . concerning the election of the lords of the articles for the parliament in scotland , there appeareth some difference between the observator ; and the historian ; to justifie himself , the historian telleth us , in his answer , that his informer being a person of such eminency of that nation , and so versed in the affairs of that kingdome , is ( as he thinks , ) more credible in this particular , than a foreiner , fol. 32. this is another namelesse witnesse , given to us under the nation of a person of eminency , one of that nation , and versed in the affairs of that kingdome ; though where to find him out , and how to speak with him about it , we may seek elsewhere . but of these nameless and dead witnesses , we may speak so lovely , that wee need not put our selves unto the trouble of a repetition , nor the observator want a witnesse of unquestioned credit , that is to say the famous camden clarentius king of arms , a man so well versed iu the affairs of that kingdome , as few natives better . the rest that follows in the pamphlet , confisteth first in an enumeration of the observators and his own mistakes , and s●●condly , in a sharp and severe expostulation with him for the close of all . his own mistakes , with great indulgence to himself , he restrains to 8. which yet for quietness sake , and out of his superabundant goodness , he is willing to allow for ten ; whether they be but few or not , and whether the mistakes charged upon him by the observator , are of such a nature , wherein the fame of no one man , the interest of no one ca●se , is either damnified or advantaged , as he fain would have it : and on the contrary , whether all and every of the points which lie in debate between us ( be they great or little ) besides which the pamphleter hath pretermitted in the course of his answer , prove not so many errours and mistakes on the authors side ; is left unto the judgment of the equall and indifferent reader . the errours of the observator , he hath raised to no fewer than 18 which is more than one for every sheet , one of which , as he saith , tends to the very destruction of sacred worship , as that of the sabbath , another to the defamation of one of the most glorious lights , of our church , besides his ( the observators ) most notorious corrupting , and falfying his preface , and such like odious imputations , not to be pardoned in a man , pretending either to learning or ingenuity . how far the observator is excusable , in these three last charges , and with what folly he is taxed with so many mistakes , the reader hath seen before this time , if he hath seriously considered all the points and circu●stances in dispute between us . and that we may the better see it , i shall present him with a catalogue of those 18 e●rours , which being perused , will need no other refutation , but to read them only . now the eighteen are these that follow . 1. denying the papers found in feltons hat. 2 , 3 , 4. concerning peter baro and the marguaret professorship 5. saying standing at gloria patri was never obtruded , 6 , 7. concerning the sabbath . 8 , 9. concerning the setting forth of ships . 10. sir edward deering for the lord digby . 11. archbishop of canterbnry voted an incendiary . decemb. 16. for the 17. 12. concerning the protestation . 13 , 14 , 15 , 16 , 17 , 18. concerning the bishops sent to the king , the primate , and the irish articles . this is the pamphleters bill of lading , wherewith he fraughts the small bark of the observator , consisting more in tale than it doth in weight ; his generall muster of mistakes , many of which like souldiers in a poor foot company ) are counted over and over again , to increase the captains pay , and make up his numbers ; his catalogue , or his comedy of errors rather , which ●ike the gallypots and boxes in the shop of a young apothecary , serve onely to make good the shelves , and create him some credit with the vulgar . for which , and for how many of which the observator stands accomptable before god and man , or whether any of them may be charged on his score , or not , is left ( like that before ) to the readers judgement . in the expostulation there is nothing which requireth an answer . but a complaint against the observator , for want of christian , yea moral principles , in the course and way of his proceedings , with which had he been furnished in any measure or proportion , he should have hinted these mistakes , either by conference or by letter , as fit considerations for a second impression , and this he doth the rather insist upon , because of those many opportunities which the observator had of conferring with him , meeting together not only a hundred times in the same shop , but ten times after the coming out of the history , and thereupon it is concluded that it was not the information of the author , but some precious quarrel rather , which was desired , fol. 44 , 45. to answer first unto the last , the observator doth protest in his own behalf , that he had no desire or thought of such precious quarrels , as the author ( conscious to himself of his own impatiencies ) doth accuse him of , and that he aimed at nothing else in those observations , than the illustration of the story , and rectifying some mistakes in the course thereof , as the title promiseth . how often they have met in the same shop , i am not able to say , the observator telling me , that he never changed words with him above thrice , and then took such a scant survey of his stature , countenance , and habit , that he might meet him , a hundred times since , as the author sayes he did in transitu , or intermixt with other company , without taking any notice of him . nor doth the obsertor please himself in these paper quarrels , or would have took the least part of the pains he did , if he had found himself concern'd in his own particular , either in point of fame or fortunes , but 't is a good rule in st. hierome , in suspitione haereseos se nolle que●quam fore patientem . and if patience may be counted for a dull stupidity in a mans own case , when himself is subjected to the guilt of such suspitions , it may deserve a far worse name , when a whole national clergy , a provincial synod , many great men of power and eminent degree , shall be taxed and branded with tendencies to papery and arminianism , unpardonable irregularities in their proceedings , vitiousness ( even to scandal ) in their lives and actions , and in ●eed what not ; which may expose them , in this low estate of their affairs , to the publique hatred . if in these points and upon these considerations , the observator thought himself obliged to right the church , disabuse the reader , and lay before the historians eyes , those many particulars , in which either his intelligence or diligence failed him , or his judgement was not well informed , or that he had been by●ssed from the mark of truth by the exeesse and transport of his own affections , i hope that god himself will pardon , and all good men excuse me in the undertaking . in seconding which undertaking , and justifying all the injured parties , against the recriminations of the pamphleter , if i have carried my discourse with too quick a hand , it is my hope , that it will rather be imputed to his own indiscretions , and the frequent provocations given , than to any propensions in my self , to deal ruggedly with him ; medicum severum intemperans aeger facit . the patients intemperancy doth many times occasion the physician to be more severe , than he would be otherwise . for my part , as i came not willingly to this employment , but was necessitated and thrust on by those many indignities , which both the history and the pamphlet had heaped on those , whose memory and good name , is most precious with me ; yet i despair not , but that the honest zeal which hath moved me to it , and the great pains i have taken in it , may merit a pardon at the least , if it gain not praise . hic interim liber professione pietatis , aut laudatns eri . , aut saltem excusatus , in the words of tacitus . so god blesse us all . an advertisement to the reader , concerning some additions to the former work . good reader , as well for thy fuller satisfaction , as for the taking away of all exception from the pamphleter , i have thought good , to add some further passages to the book foregoing : which , without further preamble , i shall here present unto thee in this order following . addend . ad page 29. line 25. — the dignity of his function , and the civilitie of his breeding , with other necessary qualifications required in him , being well considered . but that i may do that reverend person the greater right , i shall lay down the whole state of the business , as it passed indeed , and not as taken up by our author , upon vulgar fame , though vulgar fame be one of the best authors he relyeth upon in the whole course of his history . one captain gunter , as they called him , having purchased the advowzon of a benefice , in which one mr. brasgirdle was incumbent , resolved to make some present advantage by it , and to that end articled against brasgirdle in the high commission . brasgirdle was advised by his counsel to a recriminatio● , in which he charged gunter , for sweating that he would spit in his face whensoever he met him , and swearing afterward that he had spit in his face accordingly , as also that the ordinary or official meeting with gunter at a time , when the said brasgirdle had preached at a general meeting of the clergy , took the said gunter to dinner with him , and placed him at the head of the board , above all the ministers , where the said gunter spent the greatest part of the meal in railing at and against the preacher , to the great scandal and offence of all the company . and to this charge or recrimination the proofes came so home , that though gunter did deny the fact , as to his spitting in the ministers face , yet it was proved sufficiently , that he had sworn he would and did it , as before is said . the cause being pleaded on both sides , and the reverend person above aimed at , being then to passe censure on it , he openly declared , that he would proceed then , as at other times , secundum allegata & probata , according to the proofes and evidences which had been produced , that it had been proved that the minister had taken the degree of a master of arts , and after of a batchelor of divinitie also , and had lived 20. years and upwards , in the place of his present dwelling , without any discredit or reproach ; that there was no proof made of gunters being a captain , and he had reason to believe that he was no gent. that he was confident no gent. in england would either spit in the face of a minister , or find no other way to shift off the shame and punishment , but by telling a lie ; and finally that the official had deserved to be censured , for placing such a jack-gentleman as this , above all the ministers at the publique meeting of a clergy . these were the words then spoken by that reverend prelate , of this particular man , and not in any such general terms as our author hath presented them in both editions . and for the further proof of this , i shall give these reasons : first , that although he desire not to blazon himself ; yet he hath too much in him of the blood of the antient gentry , to lay any such disparagement , or contempt upon them : and 2ly . that no such thing was articled or insisted on by the house of commons in their impeachment brought against him . in which impeachment , being many months in hammering , and liberty given to all manner of persons to inform against him , they would certainly have pitched on this , as a matter of most general concernment to them , if any proof could possibly have been produced to make good the charge . and with this declaratiō of the true state of the businesse . i hope the reader will be satisfied , though our author be not ; the impeachment being printed by an order of the house of commons , and easie to be seen by any who desires to see it . with greater zeal , but with as mischievous intention , &c. addend . ad page 36. l. 6. — as for that cause asinius called it . keckerman , building on some words of seneca in his book de ira , placeth the patavinitie imputed to him in this point alone ; and hereunto that of fabius ( an old latin writer ) gives a very good ground , who much commends that lactea ubertas , that milky redundance , or overflowing of style , which he noted in him . but if our author , ( as some of our modern criticks doe ) conceive this patavinity to consist rather in some phrases , which savoured more of the paduan than the roman idiome , yet neither are they so frequent , nor so much affected , nor of such strange originations , as to give just cause to any but such severe censurers as asinus was to except against him . small comfort can our author find from this patavinity , to justifie that long catalogue of ourlandish and new-minted words , which is subjoyned unto the end of the observations . and for the obsolete words which were found in salust , &c. addend ad page 236. l. 12. — the observator will produce when required of him . but that i may be free from his importunities at another time , and that i be not chidden now with a quid gaudia nostra moraris , for delaying his contentment so much and so presently desired , i shall give him both the names and words of some of that party , to justifie all that was said of them by the observator . and first we will begin with calvin , the father and founder of the sect , and he tells us thus , illud toties a chrysostomo repetitum repudiari necesse est , quem trahit volentem trahit ; quo insinuat deminum porrecta tantum manu expectare an suo auxilio juvari nobis adlubescat . so he in the second of his institutions , cap. 3. those words ( saith he ) so often repeated by chrysostom , viz. that god draws none but such as are willing to go , are to be condemned . by which he intimates that god expecteth only with an outstretched and ready arm , whether we be willing to accept of his help or not in which , though calvin doth not express clearly that good fathers meaning , yet he plainly doth shew his own , insinuating that god draws men forcibly and against their own will to his heavenly kingdome . gomarus one of later date , and a chief stickler in these controversies , comes up more fully to the words and desire of the pamphleter . for putting the question in this manner an gratia haec detur vi irresistibili , id est , effiicaci operatione dei , ita ut voluntas ejus qui regeneratur , facultatem non habeat illi resistendi , he answereth presently , credo & profiteor ita esse . the question is whether the grace of god be given in an irresistable manner , that is to say , with such an efficacious operation , that the will of him who is to be regenerated , hath not rhe power to make resistance ; and then the answer follows thus , i believe and professe it to be so , so he in his declaration , page 20. peter martyr , a more moderate man than the most amongst them , in his common place de libero arbitrio , hath resolved it thus . per absurdum sane est , ut ad immutationem seu regenerationem , aliquid active conferemus , quandoquidem nemo quicquam agit , ad seipsum generandum , quod si verum est in eis ●hy sicis atque carnalibus , quanto magis est dandum in spiritualibus , quae à nostris vi●ibus longius distent . it is very absurd ( saith he ) to think , that we contribute any thing activly in our regeneration , considering that we are able to doe nothing towards our generation ; and if it be so in these natural and carnal acts ; how much more must we grant it to be so in spiritual actions , which are more beyond the reach of our power . the whole body of the calvinists or contra-remonstrants in their collatio hagiensis , before mentioned , have affirmed as much , ascribing no more unto a man in the work of his own regeneration , or in the raising of himself from the death of sin to the life of righteousnesse , than they ascribe unto him in his generation , to the life of nature , or in his resurrection from the dead to the life eternal . for thus say they , sicut ad nativitatem suam , nemo de suo quicquam confert , neque ad sui excitationem ex mortuis nemo quicquam adfert de suo ; ita etiam ad conversionem suam nemo homo quicquam confert , sed est purum putum opus ejus gratiae dei in christo , quae in nobis operatur , non tantum potentiam credendi sed etiam fidem ipsum . put this together , and then tell me whether the rigid sort of calvinians do not hold and teach , that a man is drawn forcibly , and irresistably with the cords of grace in the work of conversion , without contributing any thing to , or towards his own eternity . nay dontelock goeth further yet , and is so far from ascribing any thing to man , in order to his own salvation , that he counts all his best endeavours which tend that way , to be vain and fruitlesse , and to conduce more to his hurt than benefit , before faith and the spirit of regeneration by irresistable operations , ( so i understand his meaning ) are iufused into him . concludimus omnem zelum , omnemque curam quam promovendae saluti suae h●mines adhibent , variam & frustraneam esse , magisque obesse quam prodesse , ante fidem & spiritum renovationis . but i am weary with raking in these dead mens graves , whose heterodoxies and unsound expressions should ( for me ) have lien buried in the same grave with them , if the pamphleter had not put me to this troublesome and thanklesse office . but then the pamphleter must have an explanation , &c. addend . ad pag. 249. l. 3. — at the time of his funeral . but whereas the pamphleter addeth , that of this he hopes he is credibly informed by his ( the said doctor baroes ) own son , who is still alive : the certain falsity of this , may very well seem to disprove all the rest of the story . for doctor baroes son died above twenty years since , and therefore is not still alive , nor could our author consu●t with him about it by a saving hope , on which he grounds the credibility of his information . it must be a strong faith , not a saving hope which can raise the dead , though newly gathered to their fathers ; and therefore how our author could receive this credible information from the son of baro , without pretending to a greater power of working miracles , than ever was granted to any of the sons of men , is beyond my reach . the pamphleter must find out some other author for this his credible information , or else it might remain as a thing incredible , for any proof that he hath brought us . but this is not the first time that our author hath endeavoured to raise the dead to bear witness for him , and i think it will not be the last . as for the story of these articles , &c. addend . ad pag. 298. l. ult . — non bona pejor erit , is a great deal better . t is true indeed , the words of the doctors sermon , as it came out yesterday in print ( viz. monday june 16. ) seems at first sight , to differ somewhat from the passage before recited , as it was sent to me in writing : but first the reader is to know , that the sermon comes not to our hands , as it came from his mouth , it being confessed in the title , that it hath not only been revized , but enlarged also ; of which enlargements , that of dodonas grove may perhaps be one . 2ly . if if be not so , yet the observator , as well as the rainger of that forrest stands charged with this , viz. that the lord primate had coined a distinction , between the kings personal and political conscience . for having eased his stomach on the rainger of the vocal forrest , upon that occasion , he addeth , that there was a presump●uous observator , who had of late more ridic●lously and malitiously abused him in it . out of which premises it cannot otherwise be concluded , but that the distinction of a personal and political conscience must be found in the observations also , and so found there , as to be charged on the lord primate by the observator . and if the preacher can find this in the observations , the observator was too blame , and the preacher hath made the alteration to a very good purpose . but if it be not so , as indeed it is not , where lieth the malice or ridiculousnesse which the pulpit rang of ? not in imposing on the lord primate the pretended distinction above mentioned ; for that hath found another father , and was perhaps begotten under some shady oake in dodonas grove , in which the observator is not so much as verderer , and hardly hunteth in the pourlieus ; but for conceiving that the l. primate gave this pretended distinction ( for let it be but pretended still i dispute not that ) as if the root of it was in revenge for the earls suppressing the articles of ireland . serm. pag. 95. admit it to be so conceived and said by the observator , how doth the preacher goe about to prove the contrary ? why certainly by a most unavoidable argument , declaring thus ; that both are of like falshood , as hath been already apparent in an answer to him . ibid. this is just mulus mulum fricat ( one galled horse rubbeth another ) in the ancient proverb . the pamphleter justifieth himself on the certificate of doctor bernard and his brother pullein ; doctor bernard justifieth himself on the answer of the learned pamphleter , which is now before us . the falshood of that one thing which is touched on by the observator , not being made apparent in the pamphleters answer , and to the other thing , the pretended distinction which he wots of , the pamphleter makes no answe● at all , as finding no ground for it in the observations . but bernardus non vidit omnia , as the saying is . and though he be not such an ill-looking fellow as the observator is made to be by his friend the pamphleter ; yet having lost himself in a vo●al forrest , he may sometimes mistake wood for trees , as well as another ; only i could have wished he had forborn that passage in the close of all , where he relates , that when upon a rumour of the lord primates death , this businesse of the earl of strafford was objected against him ; the king with an oath protested the innocency of the lord primate in it ; or else that he had given us the name of that person of quality , which was an earwitnesse to the words , for i can tell him , and will tell him , if he put me to it , that there are persons of another manner of quality than those whom he pretends unto , who heard the contrary from the kings own mouth , and will not spare to give testimony to the truth in that particular when required of them . but i forbear to presse it further , and could have wished the preacher had permitted me not to say so much . i leave him at this time , with non tali auxilio , &c. and so fare him well . finis . errata . page 8. for effects read defects . pag. 18. for impudence r. imprudence . p. 20. for liberty r. belief . p. 29. for office r. of his . p. 34. for seem r. serve . p. 42. l. 16. for one r. none . p. 44. for est r. et. p. 45. for 1619 r. 1618. p. 68. for masters place r. masters mate . p. 102. for super superannuating r. super sexannuating . ibid for called r. rather . p. 103. for transitions r. transactions . p. 102. for petitions r. positions before . p. 196. l. 19. del . not . p. 153. for party r. parity . p. 157 for must r. might . p. 162. l. 24. for but r. yet . p. 164. l. 22. for hath r. that it hath . p. 187. for hath pleased r. displeased . p. 191. l. 3. del . ) was . p. 192. for sent by r. sent to . p. 211. for 1646. r. 1640. p. 112. l. 1. ad . and they that use it not condemn not those who use it . p. 231. for when it was moved r. when it was signified to him that it would be moved . p. 240. for the walls r. these walls . ibid. for its r. thought it . p. 250. for a been r. have been . ibid. l. 26. del . whole . p. 256. for impose r. propose . p. 260. for so many r. no more . p. 300. for was denied r. was not denied , p. 303. for prating and bawling r. progging and bolting .